North Charleston City Zoning Code

ARTICLE V

- DISTRICT USE CLASSIFICATION

Section 5-1.- R-1, Single-family residential district:

It is the intent of this section that the R-1 zoning district be established to reserve appropriate land for medium density one-family residential uses. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for one-family dwellings and to discourage any encroachment by commercial, industrial, or other use capable of adversely affecting the residential character of the district.

(a)

Permitted uses: The following uses shall be permitted in the R-1 zoning district:

Single-family dwellings excluding mobile homes.

(b)

Conditional uses: The following uses shall be permitted in the R-1 zoning district subject to the stated conditions:

Customary home occupation provided that there is no external evidence of the occupation except an announcement sign not more than two (2) square feet in area; that only one (l) person in addition to permanent residents of the property is employed; and that not more than twenty-five (25) per cent of the total floor area of the dwelling is used.

Churches and private schools, provided that, along any property line directly abutting a residentially zoned or used property, the buildings are placed not less than twenty-five (25) feet from the side and rear property line and that Type B buffers are created along side and rear property lines. Where adjacent to nonresidential zoning, the buildings must be placed not less than ten (10) feet from the property line; except that where a firewall meeting the standards of the current edition of the city's building code is constructed at the property line, the side or rear yard and buffer requirements may be waived along the respective side or rear lot line.

Public schools, provided that Type B buffers are provided along any property line directly abutting a residentially zoned or used property.

Public recreation facilities provided that the city council, after public notice and hearing, determines that the facility's location will substantially serve the public convenience and welfare, and will not substantially and permanently injure the appropriate use of neighboring property.

Golf courses and related facilities, provided that the land area containing the golf course and related facilities is not less than twenty-five (25) acres. Golf course related facilities include but are not limited to clubhouses, community recreation facilities, golf driving ranges, lounges, pro shops, restaurants.

Model homes or real estate community sales centers provided that:

(i)

Such uses are constructed as a traditional single-family R-1 residential structure or manufactured home;

(ii)

That no more than one (1) such structure be established per community or development;

(iii)

That no more than three (3) employees operate at the site;

(iv)

That commercial use of the structure shall not occur prior to 8:30 a.m. or after 6:00 p.m.; and

(v)

That such commercial retail use of the structure shall cease upon the later of: (1) expiration of twenty-four (24) months from the date of its construction; or (2) sale of ninety (90) per cent of the marked lots; and that the structure shall thereafter be utilized as a single-family residence or removed from the site.

Detached garden and cluster development provided:

(i)

They occur in an area designated on the future land use map for traditional neighborhood development.

(ii)

The proposed development site is at least two (2) acres.

Accessory dwellings provided:

(i)

The property is not located in the Olde North Charleston Historic or Neighborhood Conservation Districts.

(ii)

The property has a minimum lot size of four thousand five hundred (4,500) square feet.

(iii)

No more than one (1) ADU per lot is permitted.

(iv)

The accessory dwelling is subordinate to the principal dwelling so that the dwelling is no more than two-thirds (⅔) the size of the principal dwelling, not to exceed 800 square feet. Existing buildings may be retrofitted to an ADU regardless of existing height and setback nonconformities, but shall not be permitted to increase any nonconforming condition.

(v)

One (1) additional off-street parking space shall be provided for the ADU on the lot.

(vi)

ADUs shall not be eligible for short-term rental permits.

(Ord. No. 1985-69, 10-24-85; Ord. No. 1986-59, 11-6-86; Ord. No. 1997-26, 4-17-97; Ord. No. 2000-015, 5-11-00; Ord. No. 2009-48, 9-24-09; Ord. No. 2012-028, 7-26-2012; Ord. No. 2024-046, Exh. A, 11-26-2024; Ord. No. 2025-002, Exh. A, 1-30-2025; Ord. No. 2025-011, Exh. A, 2-27-2025)

Section 5-1.1. - R-1A, Low to medium density residential district:

It is the intent of this section that the R-1A zoning district be established to provide for low to medium density single-family residential uses, including mobile homes, provided that the city council, after public notice and hearing, determines that a proposed area or neighborhood would be suitable for designation as an R-1A district and the permitted uses, therein, will not substantially injure the actual or permitted uses of the neighboring or nearby properties. City council intends only for identifiable neighborhoods or areas to be considered. It is not the intent of council for individual parcels or small portions of identifiable neighborhoods to become R-1A eligible.

Requests for neighborhoods or areas to become R-1A eligible must be submitted to the department of planning and management for a suitable study. The department of planning and management shall evaluate the request and make a recommendation to the planning commission. The department of planning and management shall consider, but not be limited to, the following factors in making their recommendation:

Compatibility with comprehensive development plan

Analysis of actual current land uses

Analysis of recent property value trends

Projections of economic impact of proposed zoning

Analysis of possible future uses of property

Review of recent building activity

Community support/opposition

Traffic analysis

Size and geographic considerations of neighborhood

The department of planning and management shall forward a report of the study and a recommendation to the planning commission within sixty (60) days of receiving a request. The planning commission shall advertise the date and time of their meeting when the request shall be considered and shall allow public comment on the request in accordance with their policy. The planning commission shall make a recommendation to city council on the suitability of the proposed area for R-1A eligibility.

City council shall consider the recommendation of the planning commission and either approve or disapprove the proposed area as R-1A eligible. If city council approves the area for R-1A eligibility it shall pass a resolution designating such areas or neighborhoods as R-1A eligible and shall affix a map, prepared by the department of planning and management, to the resolution detailing the area designated.

The adopted resolution and map shall be sent to the planning commission for their use in considering applications for rezoning. After an area has been designated as R-1A eligible, all rezoning requests for individual parcels within the area shall be processed in accordance with Article VII, section 7.3(b). Individual parcels located within an area or neighborhood that has been denied R-1A eligibility may not submit a request to become R1-A eligible. Areas or neighborhoods that have been denied R-1A eligibility may not apply for reconsideration for one year after the date of the initial request.

These regulations will encourage a diversity of affordable housing types and continuance of a stable, healthy environment for one-family dwellings, including mobile homes and to discourage any encroachment by commercial, industrial or other uses capable of adversely affecting the character of the district.

(a)

Permitted uses: The following uses shall be permitted in the R-1A zoning district:

All uses allowed in the R-1, Single-family district.

Mobile homes, excluding mobile home parks.

Uses allowable in the R-1 zoning district shall be subject to the requirements of section 6-1; otherwise, uses permitted in the R-1A zoning district shall be required to conform to the following standards and shall be inspected by the building department and department of planning and management for compliance:

(a)

The home is placed on a lot of record containing at least four thousand five hundred (4,500) square feet per dwelling unit.

(b)

The home must be placed on a permanent foundation and be equipped with an opaque solid curtain-wall which meets all applicable building, code, and wind load requirements. The curtain-wall must be constructed either of brick or of concrete block.

(c)

The required setbacks are as follows:

Front: Twenty (20) feet

Side: Ten (10) feet

Rear: Fifteen (15) feet

Section 4-7 shall apply when proposed use is intended to be placed on a substandard lot of record.

(d)

A minimum of two (2) off-street parking space (whether paved or unpaved) shall be provided for the lot of record (on-street parking prohibited).

(e)

All mobile homes must conform to FEMA and HUD standards, including wind and seismic loads. It is the responsibility of the applicant to present proof of the loading requirements.

(f)

All improvements, including, but not limited to, room additions, decks, steps, handrails, etc., must conform to all relevant building codes.

(g)

All mobile homes must have a pitched roof, constructed out of suitable material.

(Ord. No. 1996-22, 5-9-96; Ord. No. 1997-19, 3-27-97; Ord. No. 2000-088, 12-28-00; Ord. No. 2022-042, Exh. A, 7-28-2022)

Section 5-2. - R-2, Multi-family residential district:

It is the intent of this section that the R-2 zoning district be established and reserved for medium-to-high density residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for single and multi-family dwellings and to discourage any encroachment of commercial, industrial or other uses capable of adversely affecting the residential character of the district.

(a)

Permitted uses: The following uses shall be permitted in the R-2 zoning district:

Multi-family dwellings such as duplexes, triplexes, quadraplexes, stacked apartments and garden and cluster units.

All uses permitted in the R-1 zoning district.

Shared dwellings.

(b)

Conditional uses: The following uses shall be permitted in any R-2 zoning district subject to the stated conditions:

All conditional uses permitted in the R-1 zoning district as shown in section 5-1(b), providing the applicable conditions are met.

Town, row or patio houses provided that all conditions of subsection (c) are met as determined by the zoning administrator.

(c)

Special additional regulations for town or row houses: In order to promote the general welfare of the city through the appropriate intermingling of town or row houses with other housing types, the following regulations shall be applied to town houses or row houses:

Maximum number of contiguous units. Not more than eight (8) such dwellings shall be constructed or attached together in a continuous row. No row shall exceed two hundred (200) feet in length. The front shall not form long, unbroken lines or row housing, but shall be staggered at the front of the building line at least every fourth dwelling unit.

Fencing. The rear yards of such dwellings, except that portion used for automobile parking and driveways shall be separated by a fence or wall for a minimum distance of eight (8) feet from the rear main building line. Such fence or wall shall be of brick, masonry, or other material having a life of not less than ten (10) years. The minimum height of such fence or wall shall be six (6) feet.

Clothes drying. All yard areas used for the drying of clothes shall be screened from ground-level view of the adjoining yards and lots.

Exemption from filing formal subdivision applications.

An application for the subdivision of an existing lot into two (2) or more lots for town, row or patio houses shall be subject only to the approval of the zoning administrator under the applicable provisions of this ordinance; provided, that the construction of such houses shall be commenced within six (6) months of the date of the permit, and completed within a reasonable time thereafter.

The original plat of the subdivision of an existing lot shall be stamped by the zoning administrator: "Approved for Town, Row or Patio Houses Only."

(Ord. No. 1985-17, 3-28-85; Ord. No. 1985-69, 10-24-85; Ord. No. 1987-20, 4-9-87; Ord. No. 2006-48, 7-25-06; Ord. No. 2009-51, 9-24-09)

Section 5-2.1. - R-3, Mobile home residential district:

It is the intent of this section that the R-3 zoning district be established and reserved for medium density residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable and healthy environment for single-family dwellings and mobile homes and to discourage any encroachment of commercial, industrial, multi-family or other uses capable of adversely affecting the single-family residential character of the district. The term mobile home shall include trailers, mobile homes and manufactured homes.

(a)

Permitted uses: The following uses shall be permitted in the R-3 zoning district:

All uses permitted in the R-1 and R-2 zoning districts.

A single mobile home on a lot of record and, further provided that four thousand (4,000) square feet be allocated per mobile home in addition to the minimum lot area required for other dwelling units on the lot.

Mobile home parks, provided such parks meet all current rules and regulations established by the South Carolina Department of Health and Environmental Control and any other such city ordinances that may be applicable (see section 6-5.2). All plans must be submitted to the director of planning and management and the public works director for approval. Campers and RVs shall not be permitted in the R-3 district or mobile home parks as occupied dwelling units except as legal nonconforming uses. They may be stored on site as accessory uses in keeping with the provisions of article IV, section 4-8(a)2.

(b)

Conditional uses: The following uses shall be permitted in any R-3 zoning district subject to the stated conditions:

All conditional uses permitted in the R-1 zoning district as shown in section 5-1(b) providing the applicable conditions are met.

Town row or patio houses provided that all conditions of subsection 5-2(c) are met as determined by the zoning administrator.

(c)

Special requirements for individual mobile homes: Mobile homes established after the effective date of this ordinance and mobile homes existing on the effective date of this ordinance, including the relocation and replacement thereof shall:

Be installed in accord with the installation requirements of section 19-425.43 of the South Carolina Manufactured Housing Board Regulations;

Be under-skirted around the entire home with brick, masonry, vinyl, treated wood, painted or stained, or similar material designed and manufactured for permanent outdoor installation;

Have installed or constructed and attached firmly to the mobile home and anchored securely to the ground, stairs, porches, entrance platforms, ramps or other means of entrance and exit to the mobile home in accord with applicable building codes;

Have all moving or towing apparatus removed or concealed with skirting, including hitch, wheels and axles;

Not be joined, affixed or in any way combined with another mobile home unless such units are fully enclosed by common exterior siding completely encircling said units, together with a unified roof, approved by the city building official or his/her designee;

Mobile homes in existence on the effective date of this ordinance shall within six (6) months of such date be brought into compliance with the requirements of this section, or be declared by the zoning administrator, chief building official, or other designee, to be in violation of the provisions herein, subject to penalties as provided in section 7-4.

[d.]

Site design requirements: The establishment and operation of manufactured home parks in North Charleston shall comply with the following design and development standards:

The park site shall be not less than three (3) acres, and have not less than two hundred (200) feet frontage on a public dedicated and maintained street or road.

The park shall be served by public water and sewer systems, a system of storm drainage, and refuse disposal facilities, plans of which shall be approved by local DHEC officials.

Each dwelling space shall abut an all-weather and surface driveway which shall not be less than eighteen (18) feet in width, and which shall have unobstructed access to a public street.

The bylaws or covenants of any homeowners association or other similar group maintenance agreement shall be placed on file with the city building department.

All on-site roadway intersections shall be provided with a street light, and interior lights shall be provided at not less than four hundred-foot intervals. All exterior lighting shall be of the full cut-off type not exceeding eighteen (18) feet in height.

Each individual home site shall be at least twenty-five (25) feet from any other homesite and at least twenty-five (25) feet from the right-of-way of any street or drive providing common circulation.

Not less than twenty (20) per cent of the park site shall be set and developed for common open space and recreation usage. See section 6-15.

Space numbers: Permanent space numbers shall be provided on each mobile home space and shall be located so as to be visible from the street or driveway. Signs identifying space locations shall be provided at each street or driveway intersection.

No mobile or manufactured home space shall have direct access to a public street, but shall instead access an internal driveway system.

10.

The maximum number of mobile home or manufactured home spaces shall not exceed seven (7) per acre.

11.

Two (2) parking spaces shall be provided for each designated mobile or manufactured home space. Two (2) parking spaces shall be provided for each designated mobile or manufactured home space or in community parking areas.

12.

In the development of a park, existing trees and other natural site features shall be preserved to the extent feasible.

13.

A Type B buffer shall be provided on the perimeter of the park.

14.

License required, revocation: A business license shall be requisite to the opening or operation of a mobile or manufactured home park and shall be subject to annual renewal. License revocation proceedings may be initiated at the request of the zoning administrator in accord with the City of North Charleston's standard procedures.

15.

Site plan required: A site plan showing the above required data, and in all other respects meeting the minimum requirements for a building permit shall accompany all applications to establish a mobile or manufactured home park.

(Ord. No. 1985-17, 3-28-85; Ord. No. 1989-19, 3-9-89; Ord. No. 1997-13A, 2-27-97; Ord. No. 1998-99, 12-11-98; Ord. No. 2007-47, 6-28-07; Ord. No. 2009-68, 11-24-09; Ord. No. 2022-009, Exh. A, 1-27-2022)

Section 5-2.2. - Reserved.

Editor's note— Ord. No. 2021-009, Exh. A, adopted Feb. 25, 2021, repealed § 5-2.2, which pertained to OD, Office district, and derived from Ord. No. 2009-47, 9-24-2009; and Ord. No. 2020-050, Exh. A, 10-22-2020.

Section 5-3. - ON, Neighborhood office district:

It is the intent of the ON zoning district to provide small-scale office services that can support and benefit a residential community in a seamless and unintrusive way that builds on a neighborhood's character.

(a)

Permitted uses: The following uses shall be permitted in the ON zoning district:

Business and professional offices such as lawyers, accountants, engineers, architects, advertising agencies, real estate agents, physicians, dentists and hair stylists.

All uses permitted in R-1 zoning districts.

(b)

Conditional uses:

All conditional uses permitted in R-1 zoning districts as shown in section 5-1(b), providing the applicable conditions are met.

Artist and photographic studios provided that:

Retail activity shall be permitted accessory to the artist studio.

The studio may not exceed three thousand five hundred (3,500) square feet in area.

(Ord. No. 1991-16, § 5-9-91; Ord. No. 2000-031, 6-22-00; Ord. No. 2004-09, 1-22-04; Ord. No. 2020-007, Exh. A, 1-23-2020; Ord. No. 2021-009, Exh. A, 2-25-2021)

Section 5-3.1. - B-1, Limited business district:

It is the intent of the B-1 zoning district to encourage the formation and continuance of quiet and uncongested neighborhood-scale commercial nodes and corridors, providing compatible professional business offices together with certain residential and neighborhood commercial uses that fulfill the daily needs of the surrounding residents and which will not adversely affect but enhance quality of life in adjacent residential areas by creating an appropriate transition from medium-density commercial into lower-density residential areas.

(a)

Permitted uses: The following uses shall be permitted in the B-1 zoning district:

All uses permitted in the neighborhood office (ON) and the single-family residential zoning district (R-1).

Establishments providing certain convenience items and services to the public such as:

Barber shops, beauty shops, nail shops and tanning salons;

Flower shops, card shops, gift shops, video stores, tobacco shops, bait/tackle shops, news-stands and magazine stands;

Laundromats and dry cleaning pickup stations;

Telephone stores, cable TV service stores, internet cafes;

Grocery stores, convenience stores, pharmacies, health food stores, confectioneries, bakeries, pretzel or cookie shops, where products are sold predominantly at retail;

Clothing/shoe stores.

Establishments of a business character providing services of a specialized nature to individuals or other businesses, such as:

Copying/printing services;

Post offices, mailing/delivery services;

Film development establishments;

Bicycle repair;

Watch, clock and jewelry repair services.

Social, cultural and health facilities, including:

Public and private kindergarten, elementary or secondary schools;

Adult and child daycare;

Specialized training schools such as martial arts, yoga, and dance studios;

Libraries and museums;

Health clubs and fitness centers;

Cemeteries;

Places of worship;

Public recreational facilities;

Hospitals and medical clinics;

Professional, civic, and cultural associations/organizations;

Nursing homes and assisted-living facilities;

Veterinary services and pet grooming businesses;

Artist and photographic studios and art galleries.

Business and professional offices, such as:

Legal services such as lawyer's offices, paralegal services and stenographers;

Government offices;

Engineering, architecture, planning, and surveying services;

Financial services such as banks, credit unions, savings and loan companies, mortgage companies, investment counseling, accountants, and appraisers;

Marketing services such as advertising companies, opinion poll companies, telemarketing companies;

Insurance companies;

Real estate offices such as realtors, property managers, and leasing offices.

(b)

Conditional uses: The following uses shall be permitted on a conditional basis in any B-1 zoning district, subject to the stated conditions:

Administrative offices of construction firms provided that no trucks, heavy commercial vehicles, equipment, or materials are stored on-site.

All conditional uses permitted in the R-1 zoning district subject to the conditions stated therein.

Eating establishments, provided there are no drive-through windows.

Full-service restaurants provided that:

The establishments do not operate during hours when meals are not being served,

The establishments do not offer catered events;

No "cover" or similar admission charge is collected for entrance;

Music, whether live or recorded, or indoor or outdoor, is not in violation of the city noise ordinance at section 13-126:

If located within five hundred (500) feet of a residentially used or zoned parcel, the establishments close by 10:00 p.m.; and

There are no drive-through windows.

Up to four (4) multi-family dwelling units provided that: (a) the units are located over commercial uses and (b) parcel is not located within the Dorchester Road Corridor I, Dorchester Road Corridor II, the University Boulevard, or the Ladson Road overlay districts.

Retail establishments for the sale of furniture, home furnishings, bicycles, or antiques, provided that (a) the establishment does not exceed three thousand (3,000) square feet in size and (b) no more than twenty-five (25) per cent of the total floor area is used for storage/stock rooms.

Recording studios, provided the building is sound proofed and no noise emanates into adjoining units or properties.

Parking lots as a principal use provided that no parking spaces designed or designated for semi-tractor-trailers are included.

(Ord. No. 1990-34, 6-28-90; Ord. No. 1991-16, 5-9-91; Ord. No. 1995-5, 3-7-95; Ord. No. 2002-003, 1-10-02; Ord. No. 2002-087, 11-26-02; Ord. No. 2003-016, 2-27-03; Ord. No. 2009-49, 9-24-09; Ord. No. 2020-007, Exh. A, 1-23-2020; Ord. No. 2021-009, Exh. A, 2-25-2021)

Section 5-3.2. - Reserved.

Editor's note— Ord. No. 2021-009, Exh. A, adopted Feb. 25, 2021, repealed § 5-3.2, which pertained to B-1A, Limited business district, and derived from Ord. No. 1996-42, 8-22-1996; and Ord. No. 2009-49, 9-24-2009.

Section 5-3.3. - Reserved.

Editor's note— Ord. No. 1999-5, adopted Jan. 28, 1999, repealed §§ 5-3.3 and 5-3.4 in their entirety. Formerly, §§ 5-3.3 and 5-3.4 pertained to the B-1B, limited business district and the B-1C, limited business district and derived from Ord. No. 1996-42, adopted Aug. 22, 1996.

Section 5-3.4. - Reserved.

Note— See the editor's note following § 5-3.3.

Section 5-4. - B-2, General business district:

The B-2 zoning district is established to provide the appropriate land reserved for general business purposes with particular consideration for general commercial development that supports city-wide as well as regional commerce located along major arterial corridors. The regulations that apply within this district are designed to encourage the formation and continuance of a compatible and economically healthy environment for business, financial, and professional service uses which benefit from being in close proximity to each other. The mixing and stacking of uses shall be encouraged to foster an urban environment with dense, walkable nodes along the city's commercial corridors as designated on the future land use map:

(a)

Permitted uses: The following uses shall be permitted in the B-2 zoning district:

All uses permitted in the R-1 and B-1 zoning districts;

All uses permitted in the R-2 zoning district shall also be permitted in all B-2 zoned areas except for B-2 locations within the Dorchester Road Corridor I (Upper Dorchester), Dorchester Corridor II (Middle Corridor), the University Boulevard and the Ladson Road overlay districts;

Temporary or transient lodging such as: hotels, motels, inns, hostels, missions, homeless shelters, or other shelters, but excluding campgrounds and RV parks (provided, however, that missions, homeless shelters or other like facilities shall not be permitted in an area determined by city council, pursuant to ordinance and state law including the South Carolina Community Development Law and the South Carolina Tax Increment Finance Law, to be a blighted or conservation area);

Establishments selling commodities and small quantities to the consumer, usually low bulk comparison items including department stores and stores selling general and variety merchandise;

Establishments selling primarily one-stop shopping items, usually high bulk, such as appliances, radios, televisions, floor coverings, furniture, home furnishings, antiques, auto accessories, oil change and tire repair shops, hardware, paint, wallpaper, auction items, office machines, second hand items, bicycles, beverages, guns, light fixtures and general equipment;

Establishments of a business character providing maintenance, installation, or repair of specialized equipment to individuals or other businesses, such as office equipment repair, locksmiths, shoe repair, re-upholstering, and furniture repair;

Transit stops or terminals, including: bus stations, rail stations and taxi stands;

Eating establishments;

Studios for artists and craftsmen, such as glass working shops, ornamental iron workshops, and handcrafted furniture shops;

10.

Indoor commercial recreation facilities, such as: theaters, billiards, bowling alleys, and skating rinks;

11.

Funeral homes;

12.

Certain communications facilities limited to:

Newspaper offices;

Broadcasting studios; and

Telephone or telegraph offices.

13.

Call centers;

14.

Catering or commercial kitchens used for the preparation of food to be sold and consumed elsewhere.

(b)

Conditional uses: The following uses shall be permitted in any B-2 zoning district subject to the stated conditions:

Storage garages or lockers for lease to individuals or groups provided that:

Any accessory open areas for storage of recreational vehicles, boats, work trailers, cars, and the like meets the following conditions:

The open area is located behind the principal structure; and

ii.

The open area is screened by an eight (8) foot opaque privacy fence or wall; and

Each storage unit does not exceed three hundred (300) square feet in area.

Outdoor commercial recreation facilities such as:

Carnivals and circuses provided that no portion of a building, amusement device or ride, parking, or any other appurtenance affiliated with the carnival or circus may be located within one thousand (1,000) feet of a residential zoning district, excluding those hosted by the city on recreational facilities. Hours of operation must be limited to 9:00 a.m. to 10:00 p.m. Sunday through Thursday and 9:00 a.m. to 12:00 a.m. Friday and Saturday. In addition to meeting the current building code requirements for handicap bathroom facilities, the carnival or circus must also meet all other requirements of the zoning district that the use is operating in, i.e., setbacks, screening, etc.

Other outdoor commercial recreation facilities such as paintball, go-karts, etc., subject to the following conditions:

The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to residentially used property;

ii.

Noise-generating activities shall be oriented away from residential areas;

iii.

Where such uses are located adjacent to residential properties, a twenty-foot setback and a full eight-foot masonry wall shall be required.

Campgrounds (including tent and cabins) and recreational vehicle parks, subject to the following conditions:

Stays at such locations are limited to 29 days or fewer.

ii.

A minimum lot size of three acres is required.

iii.

No portion of the parcel is located within a Mixed-Use Corridor as identified by the comprehensive plan.

iv.

Landscaping meeting Type-B Buffer requirements, and a full eight-foot masonry wall shall be provided along the perimeter.

All internal park roads:

(a)

Shall be privately owned and maintained. They shall be constructed to all-weather standards. Park roads shall have a minimum improved width as follows (does not include parking):

(1)

One-way road: 12 feet.

(2)

Two-way road: 24 feet.

(b)

Shall provide a continuous path of travel throughout all recreational vehicle parks. No roadway shall dead-end.

(c)

To maintain unobstructed vehicle travel through the interior of the park, no parking along the roadways shall be allowed.

(d)

No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached.

vi.

Individual lots within the Campground/RV:

(a)

May not be established within twenty feet of the parcel line.

(b)

May not be established in special flood hazard areas.

(c)

Shall be provided with the following hookups:

(1)

Electrical;

(2)

Water; and

(3)

Sewer.

(d)

Shall be provided with a low-intensity light at the roadway, internal illuminated site numbers, and Section 4-17 site lighting requirements.

(e)

Shall include a minimum of one 9' x 19' parking space, shall be provided per campground/RV lot. (An RV parking pad may satisfy this requirement.) If RVs are to be accommodated, the RV parking pad shall be a minimum of 20 feet wide by 40 feet long with a minimum five-foot-wide setback on each side, or otherwise able to accommodate both the RV unit and the tow vehicle.

vii.

A minimum of 20 percent of the property shall be set aside and maintained as open space for the recreational use of park guests. Such space and location shall be accessible and usable by all guests of the park for passive or active recreation. Required buffer areas, outdoor recreational facilities, such as open picnic structures, swimming pools, hot tubs, tennis courts, playground equipment, horseshoe pits, dog parks, etc., may be counted toward this requirement. Parking spaces, driveways, access roads, and parking pads are not considered to be usable open space.

viii.

In addition to the individual campground/RV lots, there shall be a minimum of four parking spaces available at the main office, two designated for staff and two designated for visitors. Additional visitor parking spaces shall be provided at a ratio of one parking space per each increment of five campground/RV lots. All parking must include designs for both standard and ADA parking.

ix.

All utility lines in the park shall be underground and shall be approved by the agency or jurisdiction providing the service and other applicable permitting authorities.

Separate men's and women's restroom facilities shall be provided for use of park patrons as follows: a minimum of one standard toilet stall and one ADA accessible stall, with hand washing sinks available, as appropriate.

xi.

If pets are permitted in the campground or RV park, each park shall have a designated, clearly marked pet relief area that is to be maintained regularly to ensure exceptional sanitary conditions. Designated pet waste receptacles shall also be provided.

xii.

xiii.

Campground/park management:

(a)

A business license is required to operate the park, and the owner of the RV park shall be responsible for the development and maintenance of the park in strict conformity with the building site plan, and all applicable laws, codes, and ordinances.

(b)

An RV park with 10 or fewer pads shall have a park manager that is accessible 24 hours per day, seven days per week, whose contact information is clearly marked and available to park patrons. RV parks with 11 or more pads will be required to maintain on-site management headquarters.

ix.

The zoning administrator may (but shall not be required to) administratively permit a reasonable modification of these requirements without the necessity of a variance being obtained:

(a)

Where the requirements of this subsection conflict with the requirements, conditions, or permits of other regulatory agencies; or

(b)

For campground lots not designated for RVs.

Car washes provided that:

Side and rear buffers of the type B variety are provided unless adjoined by commercial or industrial uses;

A front setback of twenty-five (25) feet is provided;

Side and rear setbacks: twenty-five (25) feet; and

Car wash bays shall be oriented not to front on the adjacent right-of-way, except for corner lots, where service bays shall be oriented toward the less-travelled right-of-way.

Highway-oriented uses, including gas stations and related convenience stores including a one-bay car wash; auto repair establishments, tire retreading establishments, paint and body shops; car and truck rentals; and establishments selling used and new cars, motorcycles, boats, trailers, recreational vehicles, manufactured homes, and farm and industrial equipment; provided that:

Side and rear buffers of the type B variety are provided. Such buffers shall be required unless adjoined by commercial or industrial uses.

Highway-oriented uses are not within the Dorchester Road Corridor I and II and the University Boulevard overlay districts. Existing gas stations and related convenience stores operating as legal, but nonconforming, uses within these overlay districts are exempt from the provisions of section 4-5(a)(2).

For new construction, including building additions, service and car wash bays shall be oriented not to front on the adjacent right-of-way, except for corner lots, where service bays shall be oriented toward the less-travelled right-of-way.

There is no open storage of junk or salvage material, including cars awaiting repair for periods greater than seventy-two (72) hours and which are incapable of self propulsion. Any car being repaired which is not capable of self propulsion may not be stored on the premises for a period greater than seventy-two (72) hours.

Storage of materials, including tires, must occur behind an eight (8) foot privacy fence to the side or rear of the building. Parking areas for parking and/or storage of Class 1 and Class 2 vehicles is not subject to this requirement.

Car and truck rentals, including related support facilities, such as facilities at which processing, cleaning, maintaining, and temporary storing of rental cars occurs, which are located within a one and one-half (1½) mile radius from Charleston International Airport are exempt from 5-4(b)4(b) above.

Pumps and fueling islands for Class V vehicles, both as a primary use and accessory to gas stations and convenience stores, are prohibited along Mixed Use Corridors identified in the Comprehensive Plan.

Parking lots as a principal use provided that no parking spaces designed or designated for semi-tractor-trailers or boat storage are included.

Full-service restaurants, bars, and hookah and cigar lounges, provided that:

No "cover" or similar admission charge is collected for entrance;

No music is permitted in outdoor seating and/or outdoor bar areas after 11:00 p.m.; and

Music, whether live or recorded, or indoor or outdoor, is not in violation of the city noise ordinance at section 13-126.

Dance halls, banquet or rental halls and venues, clubs, music halls and any similar establishment, subject to the following conditions:

Establishments less than three thousand (3,000) square feet:

Uses established after the effective date of this section, must be located two hundred fifty (250) feet or more away from a church, school or residential use or parcel zoned for such use. For purposes of this section distance shall be measured "as the crow flies" from the walls of the business to the closest point along the property line devoted to, or zoned as, a church, school or residential use; provided however, that such uses located in the same building as the establishment shall not be considered when calculating separation;

ii.

Interior soundproofing is required;

iii.

No music is permitted in outdoor seating and/or outdoor bar areas after 11:00 p.m.; and

iv.

Music, whether live or recorded, or indoor or outdoor, is not in violation of the city noise ordinance at section 13-126.

Establishments of three thousand (3,000) square feet or more:

Uses established after the effective date of this section must be located five hundred (500) feet away from a church, school or residential use or parcel zoned for such use. For purposes of this section distance shall be measured "as the crow flies" from the walls of the business to the closest point along the property line devoted to, or zoned as, a church, school or residential use; provided however, that such uses located in the same building as the establishment shall not be considered when calculating separation;

ii.

Interior soundproofing is required;

iii.

No music is permitted in outdoor seating and/or outdoor bar areas after 11:00 p.m.; and

iv.

Music, whether live or recorded, or indoor or outdoor, is not in violation of the city noise ordinance at section 13-126.

Micro-breweries and small-scale distilleries, subject to the following conditions:

No noxious odors or noise may escape the parcel on which the use is situated;

A tasting room is provided;

Food is served;

No "cover" or similar admission charge is collected for entrance;

No music is permitted in outdoor seating and bar areas after 11:00 p.m.; and

Music, whether live or recorded, or indoor or outdoor, is not in violation of the city noise ordinance at section 13-126.

Pet daycare businesses, provided that: (a) there are no overnight stays and (b) there are no residentially used parcels within five hundred (500) feet of the subject parcel.

10.

Pharmaceutical manufacturing; construction contractors; and flex facilities containing a combination of office and any one or more of the following uses: warehouse, distribution, and/or showroom facilities; are permitted subject to the following conditions:

The warehouse shall be no more than seven thousand five hundred (7,500) square feet and the warehouse space must be fully contained in the same building as the principal use.

The total warehouse space shall not exceed seventy-five (75) per cent of the combined gross floor area of the warehouse space and the office use.

The warehouse space, loading docks or zones, and any roll up doors shall not be oriented to the front elevation and/or adjacent right-of-way. Additionally, no loading docks or zones shall be oriented toward adjacent single-family use or zoning.

There shall be no outdoor storage areas associated with the use. Parking of company vehicles (up to Class IV vehicle and no heavy construction equipment) shall be located in the rear of the property, screened by an eight (8) foot opaque fence or wall.

A Type C buffer shall be provided adjacent to single-family use or zoning.

No new building elevation constructed of unadorned concrete masonry units or corrugated and/or sheet metal shall front upon any existing public or private rights-of-way.

(c)

Savings clause: After the effective date of this Act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

(Ord. No. 1987-19, 4-9-87; Ord. No. 1990-34, 6-28-90; Ord. No. 1992-47, 11-5-92; Ord. No. 1993-7, 3-11-93; Ord. No. 1993-8, 3-25-93; Ord. No. 1998-72, 8-13-98; Ord. No. 2002-38, 5-23-02; Ord. No. 2002-39, 5-23-02; Ord. No. 2002-079, 10-24-02; Ord. No. 2002-090, 11-26-02; Ord. No. 2007-61, 8-23-07; Ord. No. 2009-49, 9-24-09; Ord. No. 2012-041, 9-27-2012; Ord. No. 2014-055, 9-25-2014; Ord. No. 2016-008, 2-25-2016; Ord. No. 2018-064, 10-25-2018; Ord. No. 2020-050, Exh. A, 10-22-2020; Ord. No. 2021-009, Exh. A, 2-25-2021; Ord. No. 2021-077, Exh. A, 11-23-2021; Ord. No. 2022-020, Exh. A, 3-24-2022; Ord. No. 2022-056, Exh. A, 10-27-2022; Ord. No. 2023-039, Exh. A, 7-27-2023)

Section 5-4.1. - Reserved.

Editor's note— Ord. No. 2021-009, Exh. A, adopted Feb. 25, 2021, repealed § 5-4.1, which pertained to B-3, Commercial, recreation and highway oriented uses, and derived from Ord. No. 1998-70, 8-13-1998; Ord. No. 1999-1, 1-14-1999; Ord. No. 2009-49, 9-24-2009.

Section 5-4.2. - CRD, Commercial redevelopment district:

Is the intent of this section that the commercial redevelopment zoning district be established and appropriate land reserved for locally and regionally-serving commercial retail, entertainment, civic, and public uses, as well as a variety of urban housing choices. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible and economically healthy environment for business uses which benefit from being in close proximity to each other. The mixing and stacking of uses shall be encouraged to foster dense and walkable nodes adjacent to higher density commercial development such as shopping malls, commercial amusements, or similar compatible gathering places:

(a)

Permitted uses: The following uses shall be permitted in the CRD zoning district:

Airports, helicopters, helipads;

Amusements, commercial;

Art galleries;

Arts and crafts production;

Athletic clubs, gymnasiums, fitness centers;

Auditoriums, stadiums, armories, coliseums;

Automated teller machines (ATMs);

Bakeries, retail;

Bakeries, wholesale;

10.

Banks, savings and loans associations, and credit unions;

11.

Barbershops;

12.

Beauty shops;

13.

Bed and breakfasts;

14.

Beverage stores;

15.

Broadcast studios;

16.

Churches, temples, synagogues, or other places of worship;

17.

Clubs, lodges;

18.

Day care;

19.

Dental laboratories;

20.

Dwellings, multi-family;

21.

Dwellings, single-family attached;

22.

Eating establishments, including outdoor cafes and excluding drive-ins and drive-up service except in shopping centers;

23.

Exhibition buildings, convention centers;

24.

Financial services;

25.

Fire stations;

26.

Golf courses, private or public;

27.

Golf course, driving ranges;

28.

Golf courses; miniature;

29.

Health, welfare facilities;

30.

Hotels;

31.

Laboratory, analysis or experimental;

32.

Laundries, dry cleaners, laundromats;

33.

Libraries;

34.

Medical laboratories;

35.

Museums;

36.

Offices, business and professional;

37.

Optometric laboratories;

38.

Performing arts center;

39.

Pharmaceutical, manufacturing;

40.

Pharmaceutical, retail sales;

41.

Police stations;

42.

Postal facilities, general;

43.

Printing and binding;

44.

Schools, college;

45.

Schools, primary and secondary;

46.

Schools, professional;

47.

Sidewalk vendors of a permanent and temporary nature as regulated by the city;

48.

Skating rinks;

49.

Stores, shops—Retail;

50.

Studios for artists and craftsman;

51.

Taverns, micro-breweries and small-scale distilleries;

52.

Terminals—Bus, taxi, train;

53.

Theaters;

54.

Transmission facilities;

55.

Veterinarian hospital;

56.

Wholesale sales;

57.

Visitor's center.

(b)

Conditional uses: The following uses shall be permitted in any CRD zoning district subject to the stated conditions:

Off-street parking as a principal use for providing for public parking, private parking or parking in conjunction with other permitted uses provided that surface parking meets all setback, yard and other requirements;

Private parking structures fronting on a public right-of-way as a principal use providing for public parking, private parking in conjunction with other permitted uses provided that surface parking meets all setback, yard and other requirements and the following landscaping requirements:

(i)

Ground floor uses: Must have at least seventy-five (75) per cent of the ground floor frontage along a street or designated pedestrian way consisting of active uses other than parking, such as offices, retailing, services and entertainment.

(ii)

Exterior surface:

Any blank façades along the street frontage may not exceed fifteen (15) feet in length.

The exterior surface materials and structures of the garage must be compatible with the main structure.

Façade length and height must be limited so as not to create large blank walls without the benefit of architectural relief and landscaping.

Incorporate, at a minimum, an equal portion of vertical and horizontal architectural elements.

Replicate the regular window pattern and other architectural elements of adjacent buildings.

Incorporate art or architectural detail into the structure's façade in order to maintain an active and interesting streetscape.

(iii)

Entrances and exits: The location of parking structure entrances and exits must be planned so as to have the least impact on residential streets, busy intersections and pedestrian areas.

Automobile service stations, gas stations, and car washes, provided that:

(i)

All pumps are set back at least twenty (20) feet from the right-of-way line of any public street. If the pumps and service bays are located in the rear of a building, the front setback may be reduced to ten (10) feet;

(ii)

Operations involving major repairs or paint and body work are not conducted on the premises;

(iii)

In computing setbacks and other dimensional requirements for such uses, the area under any canopy shall be considered as a part of the building housing the principal use;

(iv)

Service and car wash bays shall be oriented not to front on the adjacent right-of-way, except for corner lots, where service bays shall be oriented toward the less-travelled right-of-way.

(v)

(vi)

Storage of materials, including tires, must occur behind an eight-foot privacy fence to the side or rear of the building.

Warehouse space ancillary to a principal office or retail use provided that:

(i)

The warehouse space must be fully contained in the same building as the principal use.

(ii)

The total warehouse space shall not exceed seventy-five (75) per cent of the combined gross floor area of the warehouse space and the principal use.

(iii)

The warehouse space and loading docks or zones shall not be visible from the first floor front elevation and/or adjacent rights-of-way.

Car rental facilities, subject to the following requirements:

(i)

No on-premises car sales may occur.

(ii)

No on-premises repair work may be performed.

(iii)

Ancillary fueling pumps or other automotive facilities shall be screened so as not to be visible from the streets bounding the site.

(iv)

Such facilities may not be located within five hundred (500) feet of the area bounded by I-526, I-26 and West Montague Avenue.

Clubs and events centers provided that when located within two hundred fifty (250) feet of a residentially zoned or used parcel:

Interior sound-proofing. For purposes of this section, the distance shall be measured "as crow flies" from the walls of the business to the closest point along the property line devoted to the residential zoned or used property;

No music is permitted in outdoor seating and/or outdoor bar areas after 11:00 p.m.; and

Music, whether live or recorded, or indoor or outdoor, is not in violation of the city noise ordinance at section 13-126.

(Ord. No. 1995-8, 3-23-95; Ord. No. 1998-29, 3-26-98; Ord. No. 1998-71, 8-13-98; Ord. No. 2010-085, 12-21-2010; Ord. No. 2015-031, 8-27-2015; Ord. No. 2021-009, Exh. A, 2-25-2021; Ord. No. 2022-040, Exh. A, 6-23-2022)

Section 5-4.3. - NBRD, Navy Base Redevelopment District:

Is the intent of this section that the Navy Base Redevelopment district be established to facilitate the redevelopment of the former navy base and establish a mixed-use urban area that will provide office, retail, entertainment, civic, and public uses, as well as a variety of urban housing choices for the region. This zoning district is appropriate for the parcels comprising the former Charleston Naval Base.

(a)

Permitted uses: All uses shall be permitted in the NBRD, other than those specified in section 5-4.3(c).

(b)

Conditional uses: The following uses shall be permitted in any NBRD zoning district subject to the stated conditions:

Private parking structures subject to the stated conditions:

(i)

Active uses: Private parking garages must satisfy one of the following conditions:

At least seventy-five (75) per cent of the ground floor frontage along a street or designated pedestrian way consisting of active uses other than parking, such as offices, hotel, multi-family units, retailing, services and entertainment; or

A minimum of two (2) floors of multi-family residential units are provided for each garage level located below the residential floors.

(ii)

Exterior surface:

The exterior surface materials and structures of the garage must be compatible with the main structure.

Façade length and height must be limited so as not to create large blank walls without the benefit of architectural relief and landscaping. No more than twenty-five (25) per cent of the structure shall be unadorned. Internal parking structures built as initial phase prior to liner buildings will be required to have green walls or buffer landscaping until later phases are implemented.

Incorporate, at a minimum, an equal portion of vertical and horizontal architectural elements.

Incorporate art or architectural detail into the structure's façade in order to maintain an active and interesting streetscape.

(iii)

Entrances and exits: The location of parking structure entrances and exits must be planned so as to have the least impact on residential streets, busy intersections and pedestrian areas.

(i)

The warehouse shall be no more than seven thousand five hundred (7,500) square feet and the warehouse space must be fully contained in the same building as the principal use.

(ii)

The total warehouse space shall not exceed seventy-five (75) per cent of the combined gross floor area of the warehouse space and the office use.

(iii)

(iv)

(v)

No new building elevation constructed of unadorned concrete masonry units or corrugated and/or sheet metal shall front upon any existing public or private rights-of-way.

Drive-thrus: Drive-thrus shall be out of the viewshed from the public right-of-way; and vehicle queuing and circulation shall not impact the pedestrian realm.

(c)

Prohibited uses:

Establishments engaged in the construction, repair or demolition of buildings, streets, water and sewer systems, bridges and similar construction; such as building, electrical, heating, air conditioning, heavy construction, paving and earth moving operations;

Highway oriented uses, including car washes, gas stations, auto repair establishments (including boat and truck repair), tire retreading establishments, paint and body shops, and establishments selling used and new cars, motorcycles, boats, trailers, recreational vehicles, manufactured homes, farm and industrial equipment, and car and truck rentals;

Dwellings, single-family;

Manufactured homes and parks;

Fireworks sales facilities;

Crematoria;

Boat/RV storage lots;

Freight terminals and depots, container storage, storage for portable temporary storage units;

Tow yards;

10.

Bulk storage of petroleum or any products thereof;

11.

Transportation facilities incidental to and required for such uses including railroad yards and docks;

12.

Open storage of junk or salvage materials or processing or recycling of such materials;

13.

Open storage or processing of solid bulk materials, such as gravel, crushed stone, and sand;

14.

Sexually-oriented businesses;

15.

Any industrial use, plus operations incidental to such use, which involves manufacturing, processing, and/or assembly which is likely to emit or cause any noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other injurious or obnoxious conditions sufficient to be likely to create a nuisance beyond the premises.

(Ord. No. 2023-010, Exh. A, 2-23-2023)

Section 5-5. - M-1, Light industrial district:

It is the intent of the M-1 zoning district to provide areas for commercial, warehousing, transportation, and certain light manufacturing activities that provide the backbone for economic development and job creation and are appropriate along established transportation corridors with separation and buffering from residential areas.

(a)

Permitted uses: The following uses shall be permitted in the M-1 zoning district:

Service-oriented establishments supplying other businesses, industries or individuals, such as laundry and dry cleaning plants, linen supply plants, carpentry shops, bakeries, machine shops, cabinet and metal shops, welding shops, and moving companies.

Car wash.

Highway oriented uses, including gas stations, auto, truck (Class V and above), and boat repair establishments, tire retreading establishments, paint and body shops, and establishments selling used and new cars, motorcycles, boats, trailers, recreational vehicles, manufactured homes, farm and industrial equipment, and car and truck rentals.

Uses permitted in the B-2 zoning district, excluding single-family dwellings, multi-dwellings, townhomes or row houses, manufactured homes, manufactured home parks, campgrounds, and recreational vehicle parks.

Fireworks sales facilities.

Crematoria.

Parking lots and boat/RVs storage lots.

Commercial pet kennels and pet daycare businesses.

10.

Solar farms, including accessory structures, operational facilities, and utilities.

11.

Wholesale sales of building and construction materials.

12.

Tattoo parlors.

(b)

Conditional uses: The following uses shall be permitted on a conditional basis in any M-1 zoning district, subject to the stated conditions:

Warehouse or other storage facility, provided that there is no open storage of junk or salvage materials nor bulk storage of Class I or Class II combustible liquids as classified by the National Fire Protection Association for wholesale distribution.

Any industrial use, plus operations incidental to such use, which involves manufacturing, processing, and/or assembly, provided that any noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other injurious or obnoxious conditions related to the operation are not sufficient to be likely to create a nuisance beyond the premises. Further provided that uses involving the processing of solid bulk materials shall not be allowed in the M-1, light industrial zoning district.

Freight terminals and depots, including drop yards, provided that:

Shipping containers shall not be unmounted ("grounded"); and

Neither shipping containers nor chassis shall be stacked; and

The use is located on a parcel of not less than one (1) acre; and

None of the adjacent parcels are zoned or used for residential development; and

Truck parking and container storage areas shall be located outside of the required building setbacks; and

Areas of the parcel on which truck/trailer/chassis/container parking occur shall be screened by an eight (8) foot opaque fence or wall in addition to any other buffering or screening requirements set forth elsewhere in this appendix, provided, however, that the provisions required herein shall be waived along boundaries where the parcel adjoins another parcel with like zoning. Retroactive installation of the screening described herein shall not be required where a parking area has been lawfully established without the need for the buffering/screening described herein and a subsequent change in zoning/use occurs with respect to an adjoining parcel.

A site plan has been submitted to and approved by the planning and zoning department showing:

The size of the subject parcel;

ii.

The area(s) to be used for container storage, including setbacks from property lines; and

iii.

The specifications for the opaque screening present and/or to be provided.

This sub-section does not authorize the use of shipping containers or trailers as storage units which shall instead be governed by section 4-8(e).

Yards for the storage of portable temporary storage units, as defined in section 4-20, provided that units may be stacked no more than two (2) high, except within one thousand (1,000) feet of residentially zoned or used properties, where no stacking may occur.

Tattoo parlors, provided that such uses shall not be established within one thousand (1,000) feet of:

The property line of a lot devoted to use by a church or other place of worship;

A boundary line of any residential district or residential use;

The property line of a public park adjacent to any residential district or any public or private elementary or secondary school;

The property line of a lot devoted to residential use; or

The property line of a lot devoted to academic, extracurricular, or recreational use by a public or private elementary or secondary school.

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a tattoo parlor business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.

A tattoo parlor lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the tattoo parlor business permit and/or license, of a church, school, public park, residential district or a residential lot within one thousand (1,000) feet of the tattoo parlor business. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after a business license has expired or has been revoked.

Sexually oriented businesses as per the conditions established in section 4-14.

Tow yards, storage of construction, trash or industrial dumpsters, construction trailers, and/or portable restrooms provided:

The parcels are not wholly or partially located on a Mixed Use Corridor, as established in the Comprehensive Plan.

That such uses are enclosed and separated from any adjoining uses or public or private rights-of-way, excluding points of ingress or egress, by a fence or wall at least eight (8) feet in height and screened with vegetative material sufficient to conceal all such uses from public view; and

The conditions of subsection 9-67(4)(b)(i) of the City Code are met.

Carnivals and circuses, full-service restaurants, dance halls, banquet or rental halls and venues, hookah lounges, taverns, clubs, bars, pubs, brew pubs, music halls and any establishment at which more than fifty (50) per cent of gross revenues are generated from the sale of alcoholic beverages, including micro-breweries and small-scale distilleries, all subject to the conditions established in subsection 5-4(b).

(Ord. No. 1986-30, 7-15-86; Ord. No. 1993-28, 9-9-93; Ord. No. 1995-58, 11-21-95; Ord. No. 2001-011, 4-12-01; Ord. No. 2002-051, 7-25-02; Ord. No. 2003-003, 1-23-03; Ord. No. 2004-61, 10-28-04; Ord. No. 2010-013, 2-25-2010; Ord. No. 2010-044, 7-22-2010; Ord. No. 2016-013, 3-24-2016; Ord. No. 2017-034, 5-25-2017; Ord. No. 2021-009, Exh. A, 2-25-2021; Ord. No. 2021-077, Exh. A, 11-23-2021; Ord. No. 2022-040, Exh. A, 6-23-2022; Ord. No. 2023-040, Exh. A, 7-27-2023; Ord. No. 2024-004, Exh. A, 1-25-2024; Ord. No. 2024-051, Exh. A, 12-19-2024)

Section 5-6. - M-2, Heavy industrial district:

It is the intent of the M-2 zoning district to provide areas for commercial, manufacturing, storage, processing, and transportation-related activities in areas with related necessary support facilities and that provide adequate separation from residential neighborhoods and commercial uses:

(a)

Permitted uses: The following uses shall be permitted in the M-2 zoning district:

Uses permitted in the M-1 zoning district other than those identified in section 5-5(a)(5);

Industrial uses and processing plants;

Bulk storage of petroleum or any products thereof;

Transportation facilities incidental to and required for such uses including railroad yards and docks.

Dance halls, taverns or clubs, provided that when located within two hundred fifty (250) feet of a residentially zoned or used parcel:

No music is permitted in outdoor seating and/or outdoor bar areas after 11:00 p.m.; and

Music, whether live or recorded, or indoor or outdoor, is not in violation of the city noise ordinance at section 13-126.

(b)

Conditional uses: The following uses shall be permitted on a conditional basis in any M-2 zoning district subject to the stated conditions:

Uses permitted in the B-2 zoning district excluding single-family dwellings, multi-family dwellings, town or row houses, manufactured homes and manufactured home parks. The proposed use and location shall be submitted to the zoning administrator, who shall determine the compatibility based on the proposed use and location of the property.

Tow yards, open storage of junk or salvage materials or processing or recycling of such materials, provided that such uses are enclosed and separated from any adjoining uses or public or private rights-of-way, excluding points of ingress or egress, by a fence or wall at least eight (8) feet in height and screened with vegetative material sufficient to conceal all such uses from public view.

Unmounted container storage facilities, whether temporary or permanent, under the following conditions:

Facilities with no stacked containers may be established on M-2 zoned parcels so long as the facility complies with the following:

Containers, chassis, trucks or trailers may be placed ten (10) feet from the side and rear property lines where there is no abutting residentially zoned or used properties; otherwise, containers/trailers/trucks/chassis are not permitted within fifty (50) feet of the property line. No parking or placement of trucks, trailers, containers or chassis are permitted within twenty-five (25) feet from any public right-of-way.

Areas of the parcel on which truck/trailer/chassis/container parking occur shall be screened by an eight-foot opaque fence or wall in addition to any other buffering or screening requirements set forth elsewhere in this ordinance, provided, however, that the provisions required herein shall be waived along boundaries where the parcel adjoins another parcel with like zoning. Retroactive installation of the screening described herein shall not be required where a parking area has been lawfully established without the need for the buffering/screening described herein and a subsequent change in zoning/use occurs with respect to an adjoining parcel; and

A site plan has been submitted to and approved by the planning and zoning department showing:

The size of the subject parcel;

ii.

The area(s) to be used for container storage, including required setbacks from property lines; and

iii.

The specifications for the required opaque screening present and/or to be provided.

Facilities with stacked containers and yards for the storage of portable temporary storage units, as defined in section 4-20, which include the stacking of such units more than two (2) units high may be established on M-2 zoned parcels only after council, after public notice and hearing, grants approval to a detailed container stacking plan based on findings that:

The proposed stacking will not substantially injure the actual or permitted uses of the neighboring or nearby properties;

The proposed stacks, except for points of ingress or egress, will be reasonably screened from view. For purposes of this requirement screening shall be accomplished by opaque planting, a berm, a fence, or a wall. Such screening shall in no event be less than eight (8) feet in height above finished grade.

This sub-section is not intended to limit or otherwise regulate the use of shipping containers/trailers as on-site storage in accordance with the provisions of section 4-8(e)(2) or portable storage units with the provisions of section 4-20(c).

Uses involving the processing of solid bulk materials, such as gravel, crushed stone, and sand, stored in the open, provided that such uses are enclosed and separated from any adjoining uses or public or private rights-of-way, excluding points of ingress or egress, by a fence or wall at least eight (8) feet in height and screened with vegetative material.

Gambling cruise vessels and gambling cruise vessel support activities, provided that the following conditions are met:

The dock/pier/wharf for such use is on a privately owned parcel that fronts the Cooper River and is located to the south of the city's Riverfront Park and Base Memorial.

The dock, terminal and parking facilities for such uses are located at least one thousand (1,000) feet from any:

(1)

Church, synagogue, mosque or other place of organized group worship; and

(2)

Any property on which a public or private elementary or secondary school is located.

For the purposes of these gambling cruise regulations, the one thousand (1,000) foot measurement shall be made in a straight line without regard to intervening structures, between the closest part of the dock and/or terminal wall associated with the gambling cruise vessel and the property line of any use listed above.

Submittal of a site lighting plan in keeping with the provisions of article IV, section 4-17.

Submittal of a site signage plan meeting the requirements of the article VIII, section 8-11.

Submittal of a parking and interior circulation plan in keeping with the following:

(1)

Off-street parking is provided at a ratio of one (1) space for every fifty (50) square feet of boat floor/deck space.

(2)

Adequate parking must be provided separately for each departure. (For example, a boat with one thousand (1,000) square feet of floor/deck space that makes two (2) departures a day would be required to provide forty (40) parking spaces.)

(3)

If more than one (1) boat is served from the same facility, parking must be calculated separately for each boat.

(4)

Parking may be provided off-site, provided that (a) such off-site location is within two thousand (2,000) feet of the embarkation/debarkation terminal; (b) the applicant has a lease for use of the off-site parking site that features a term equal to the lesser of five (5) years or the length of the lease term (if any) associated with the gambling cruise vessel's dock/wharf/pier facility; (c) termination of the use must cease immediately at any time at which the approved parking facility becomes unavailable or inadequate and operations may not recommence until an alternate parking and interior circulation plan has been approved.

Submittal of a buffering and landscaping plan in accordance with city ordinance requirements.

Sexually oriented businesses as per the conditions outlined in section 4-14.

(Ord. No. 1990-34, 6-28-90; Ord. No. 1992-37, § 1, 10-8-92; Ord. No. 1995-59, 11-11-95; Ord. No. 2006-49, 7-25-06; Ord. No. 2006-51, 7-25-06; Ord. No. 2010-013, 2-25-2010; Ord. No. 2010-044, 7-22-2010; Ord. No. 2010-071, 10-28-2010; Ord. No. 2017-034, 5-25-2017; Ord. No. 2021-009, Exh. A, 2-25-2021; Ord. No. 2022-040, Exh. A, 6-23-2022; Ord. No. 2023-004, Exh. A, 1-26-2023)

Editor's note— Ord. No. 2010-071, adopted Oct. 28, 2010, set out provisions intended for use as § 5-6(b)2. For purposes of classification, and at the editor's discretion, these provisions have been included as § 5-6(b)5.

Section 5-6.1. - Reserved.

Editor's note— Ord. No. 2014-066, adopted Oct. 23, 2014, repealed § 5-6.1, which pertained to maritime cargo overlay district. See Code Comparative Table for complete derivation.

Section 5-7. - PD, Planned development district:

The planned development district is a special district established by a certain procedure and designated on the official zoning map by boundaries and symbols. Use, area, bulk, height, and other requirements shall be determined by the procedures set forth in this section. It is the intent of this section to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character, and quality of new development; to facilitate the adequate and economical provision of streets and utilities; and to preserve the natural and scenic features of open areas.

(A)

General conditions: Any area may be considered for rezoning as a planned development district if any one (1) or more of the following conditions are met:

More than one (1) principal land use is proposed for development on a parcel under single or multiple ownership or management.

Separate land uses, which would not otherwise be permitted to locate within the same zoning district, are proposed for development on one (1) or more adjacent parcels under single or separate ownership or management.

Exceptions or variations to the site, dimensional changes in standards required or other requirements of the zoning ordinance are being sought.

(B)

Specific requirements: In order to qualify for a planned development district zoning classification, a proposed development must first meet each of the following specific requirements:

The site utilized for planned development must contain an area of not less than two (2) acres.

The site must have a minimum width between any two (2) opposite boundary lines of two hundred (200) linear feet and must adjoin or have direct access to at least one (1) major street.

The area proposed shall be in one (1) ownership, or if in several ownerships, the application for amendment to the zoning ordinance shall be filed jointly by all of the owners of the properties included in the plan.

(C)

Permitted developments: Any large-scale development which meets the provisions of this ordinance and which is considered by the planning commission and city council for a PD classification may be so classified. Examples might include areas proposed principally for large-scale development in commerce, housing, industry, areas proposed for preservation for recreational, historical, conservation, or flood control purposes; areas to be utilized for specialized purposes such as recreational resorts, as well as educational, civic, governmental, transportation, or military complexes. Approved PD districts may be areas of mixed land use so long as the land use patterns conform to the plans adopted per the Future Land Use Map of the Comprehensive Development Plan for the particular districts.

(D)

Permitted uses: Any use proposed by the developer and considered by the planning commission and city council as being compatible to other nearby uses within and without the district in keeping with the intent of the particular PD district may be permitted in such district upon recommendation by the planning commission and approval by city council. A listing of permitted uses within a particular PD district shall be adopted as part of the regulations applying to that district. The developer shall prepare a list of proposed uses for submission with his application. After recommendation by the planning commission and approval by city council, the list or portions thereof approved by the aforementioned body shall be adopted as part of the regulations applying to that particular PD district. Thereafter, the uses permitted in the district shall be restricted to those listed, approved and adopted according to procedures set forth herein.

(E)

General design criteria and development standards:

Over-all site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes of structures, street patterns, and use relationships. Variety in building types, heights, façades, setbacks, and size of open space shall be encouraged.

Densities per acre for residential dwelling units and yard and other dimensional requirements for each PD district may be set by city council, after recommendation of the planning commission is received.

Parking, loading and other requirements for each PD district may be set by city council upon recommendation of the planning commission. The standards of section 4-10 and section 4-11 of this ordinance shall serve as a general guide of such requirements for uses proposed for location in a PD district.

Where development abuts a separate single-family residential district, buildings and activities (other than single-family dwellings and two-family dwellings) shall be set back a sufficient distance from the separating property line or district boundary line, not less than thirty (30) feet for multifamily residential, public or boundary line, not less than fifty (50) feet for commercial or industrial uses, to ensure the absence of any objectionable effects on or from abutting districts. In the case of commercial and industrial uses, the distance separating all buildings and activities from surrounding residential districts should in fact be great enough to constitute a reasonable buffer. Loading docks and truck maneuvering areas and terminals, where possible, should be further removed from residential lot lines than buildings.

Property lines abutting residential districts must be screened by a permanent attractive planting screen, wall, or fence in a buffer strip not less than eight (8) feet in height and sufficient to screen out excessive sound and view from residential areas. This provision is waived where adjoined by like boundaries.

Exterior lighting shall [be] of the cutoff type and shall be arranged and designed in a manner which will protect the highway and neighboring properties from direct glare, spillover light, or hazardous interference of any kind. Light poles shall not exceed eighteen (18) feet in height for residential development, twenty-four (24) feet in height for commercial development, or thirty (30) feet in height for industrial development.

(F)

Application procedures: Applicants may choose to apply under either of the following procedures:

Preliminary approval of PD with one (1) year for final PD approval:

(a)

Preliminary application.

(i)

A written preliminary plan shall be submitted by the developers for review and comment by the zoning administrator. The zoning administrator shall forward this preliminary plan, along with his comments and recommendation, to the planning commission for consideration. The zoning administrator shall simultaneously forward a copy of the preliminary plan to the resident council person for the district or districts for which the plan is proposed.

(ii)

The written preliminary plan shall include, where applicable:

(A)

The name of the proposed development, if known;

(B)

A general description of the proposed development including the types of proposed uses, the approximate areas and locations of proposed classes of uses;

(C)

If known, the plan should indicate possible restrictions on use or development of the property, the location of infrastructure, any possible restrictive covenants, yard, or density restriction, and any other local, state or federal laws or regulations that may restrict, govern, impact, or be impacted by the proposed PDD plan;

(D)

A detailed legal description of the location of the site.

(iii)

Privileges upon initial approval. Upon the granting of preliminary approval by the planning commission, a favorable recommendation shall be forwarded to the public safety committee for review. The public safety committee shall consider and pass upon the plan. The applicant shall then have one (1) year from the date of public safety committee preliminary approval in which to obtain final approval by the city council of an approved PDD plan. Preliminary approval by the planning commission and/or public safety committee shall not obligate the city council to grant final approval and a statement reflecting this fact shall appear on the face of any document notifying the applicant of the granting of preliminary approval.

(b)

Final approval.

(i)

Any request pertaining to the establishment of a PD zoning district shall be considered an amendment to the zoning ordinance and shall be administered and processed in accordance with the regulations set forth in section 7-8, procedure for amendments of this ordinance. If approved by city council, all information pertaining to the proposal shall be adopted to the zoning ordinance to be the standards of development for that particular PD district.

(ii)

Applicants seeking final approval shall submit for consideration by the planning commission a written final proposal and site plan which shall, at a minimum, contain the following:

(A)

Written final proposal.

(1)

A general description of the proposal;

(2)

A detailed legal description of the location of the site;

(3)

Proposed standards for the development including restrictions on the use of the property, density standards and yard requirements and restrictive covenants;

(4)

Proposed dedication or reservation of land for public use, including streets, easements, parks, and school sites;

(5)

A complete list of all restrictions on use or development of the property, the location of infrastructure, any possible restrictive covenants, yard, or density restriction, and any other local, state or federal laws or regulations that may restrict, govern, impact, or be impacted by the proposed PDD plan;

(6)

Exceptions or variations from the requirements of the zoning ordinance if any are being requested;

(7)

Amendments of any other ordinances that are required or requested in order to allow the proposed PDD to be implemented lawfully. No city ordinance shall be eligible for amendment in conjunction with PDD approval if the proposed amendment would apply to: (1) a standardized code or law adopted by the city in a form specified by state or federal law, or (2) would adversely impact any officially recognized police, fire, flood, pollution, runoff, seismic, or other rating given to the city or its citizens; or (3) would amend, purport to amend, alter or purport to alter any state or federal law or regulation otherwise applicable;

(8)

Plans for the provision of utilities, including water, sewer, and drainage facilities;

(9)

Tables showing the total number of acres in the proposed development and the percentage designated for each proposed type of land use, including public facilities;

(10)

Plans for open space, courts, walks and common areas;

(11)

Provisions for parking, loading accessways, signs and means of protecting adjacent areas from lighting and other potentially adverse effects, such provisions to be in accord with the pertinent section of this ordinance;

(12)

A statement defining the manner in which the city council is to be assured that all improvements and protective devices, as buffers, are to be installed and maintained;

(13)

Tabulations showing the number of dwelling units by type, if any, and other data that the planning commission and city council may require;

(14)

A proposed schedule for development.

(B)

Site plan. The plan shall include the following elements: All property dimensions, platting and street systems, proposed building sites and sizes, types of uses proposed for buildings; plans for the screening and protection of abutting properties; means of ingress and egress, access and circulation arrangements, off-street parking and loading facilities, proposed reservations or dedications for streets, open spaces, and other public facilities. And, if requested, two-foot vertical contour intervals shall be provided on the site plan. The plan shall also include the name of the development and the developers, a north arrow, the date of the field survey, tract boundary lines, dimensions, bearings, angles and reference points to at least two (2) permanent monuments. If the proposal includes the subdivision of land for any purpose or the provisions of new public streets, the information required above and any additional information which may be required under the City of North Charleston's Subdivision Regulation Ordinance and Road Code Ordinance shall be included.

However, if the project is to be accomplished in phases, the subdivision plat shall only be required for the phase for which final approval is sought. The site plan may then be processed simultaneously for recording and as a part of the application for a planned development district classification, as provided for in this ordinance.

Approval of planned development district with conceptual site plan:

(a)

Application and approval. Any request pertaining to the establishment of a PD zoning district shall be considered an amendment to the zoning ordinance and shall be administered and processed in accordance with the regulations set forth in section 7-8, procedure for amendments of this ordinance. If approved by city council, all information pertaining to the proposal shall be adopted to the zoning ordinance to be the standards of development for that particular PD district.

(i)

Applicants seeking final approval shall submit for consideration by the planning commission twelve (12) copies each of a written final proposal, a conceptual site plan, a traffic analysis, a stormwater drainage basin study, and a sanitary sewer and domestic water utility plan. At a minimum, these items should include:

(A)

Written proposal, including the following elements and supporting graphics and tables, where necessary:

(1)

The name of the proposed development;

(2)

A detailed legal description of the perimeter boundary of the PDD, a listing of the individual parcels within, and a map showing the boundaries of the PDD;

(3)

A description of the site, including:

(a)

Total site area, including amount of wetlands;

(b)

Areas of current forestry operation, if any;

(c)

Areas of known environmental contamination, if any, a description of any land use controls associated with the contamination, and how these controls may impact the development of the site;

(d)

Any other restrictions on use or development of the property, including existing deed restrictions or covenants, exclusive of utility easements;

(e)

Any other local, state or federal laws or regulations that may restrict, govern, impact, or be impacted by the proposed PDD plan;

(f)

Known historical and/or architecturally significant sites, including burial sites and cemeteries;

(g)

Description of any other conditions unique to the subject property;

(h)

(4)

A general narrative description of the proposed development, including:

(a)

A listing of permitted and conditional uses;

(b)

Tables showing the total number of acres in the proposed development and the percentage designated for each proposed type of land use, including public facilities. The maximum number of housing units shall also be stated;

(c)

Proposed standards for development from the existing zoning ordinance (such as parking, tree protection and replacement, landscaping, lighting, signage, and lot requirements with regard to dimensions, area, yard, and setbacks). Exceptions or variations from the requirements of the zoning ordinance must be specified;

(d)

How proposed development will comply with existing zoning overlay district requirements, if applicable, or what exceptions or variations are proposed;

(e)

Proposed dedication or reservation of land for public use, including streets, easements, parks, and school sites;

(f)

Areas designated for open space and recreational use with an explanation of the ownership and maintenance of the areas;

(g)

Any provisions to protect environmentally or culturally sensitive property;

(h)

General design guidelines, if any, and designation of an entity to oversee the design, if applicable;

(j)

A statement defining the manner in which the city council is to be assured that all improvements and protective devices, as buffers, are to be installed and maintained;

(k)

Any other data that the planning commission and city council may require; and

(l)

An anticipated schedule for the dedication of land for public use (including public rights-of-way) and the provision of utilities, including water, sewer, and drainage facilities.

(B)

Conceptual site plan. The plan shall include the following elements:

(1)

The PDD boundary;

(2)

Location of all freshwater and saltwater wetlands and any other critical areas as designated by the South Carolina Department of Health and Environmental Control and/or the U.S. Army Corps of Engineers;

(3)

Proposed major street network;

(4)

Subareas of the PDD, with proposed uses, maximum number of housing units, maximum residential densities (net units/acre), maximum building heights and intensities. Building intensity shall be specified through impervious surface parcel coverage, which will be calculated by dividing the areas of impervious surface (buildings, parking areas, roads, and sidewalks) by the parcel area;

(5)

For each residential area proposed, photographs of existing developments which are similar in density and massing of buildings and the relationship of lots to streets to the proposed development. All photographs must be labeled with the name and location of the development. The majority of the photographs should be from the Charleston metropolitan area. Examples of developments outside the Charleston area may be used where no local example exists.

(C)

Traffic analysis. The analysis shall contain the following elements:

(1)

An overview of the PDD boundary's location relative to existing transportation infrastructure and the connectivity and main points of access created by its pro major roadway network;

(2)

Known traffic patterns or capacity ratings of the transportation system within the PDD and to which this system connects;

(3)

Known improvements currently planned and/or funded within the immediate area, including the funding mechanism and/or source;

(4)

Information, if available, on how the PDD boundary has been incorporated into current regional transportation models such as the CHATS Long Range Transportation Plan and how the proposed development projections relate;

(5)

A proposed plan of how internal traffic will be analyzed and managed throughout the development process. If information relative to items (2) through (4) above is not known or available, an appropriate study shall be conducted and submitted.

(D)

Stormwater drainage basin study. The study shall include a narrative and a supporting drawing(s) addressing items (1) through (6) below. Based on this information, the public works department shall determine the need for additional information prior to approval.

(1)

Name of and location within the regional drainage basin(s) as defined in the city's stormwater master plan;

(2)

Overview of site topography including existing wetlands and/or critical areas;

(3)

Major existing conveyance methods and outfall location(s) within and adjacent to the PDD boundary;

(4)

Areas of known hydraulic capacity deficiencies and/or known flooding events;

(5)

Areas of known water quality degradation and current status of the nearest downstream SCDHEC water quality monitoring station;

(6)

FEMA flood zone delineations and base flood elevations; and

(7)

A preliminary plan explaining the methods upon which stormwater quantity and quality requirements will be achieved (i.e., regional shared detention) including the relationship between detention facilities, public open spaces, and landscaping.

(E)

Sanitary sewer and domestic water utility plan. The plan shall include the following elements:

(1)

Location of and known sizes and capacity of existing infrastructure both within and immediately adjacent to the PDD boundary;

(2)

Known planned and/or funded improvement projects and anticipated timelines; and

(3)

Letters of intent from the utility companies stating willingness to serve the development.

(b)

After city council approval, as development is proposed within the PDD, the following shall be submitted:

(i)

A site plan for the subarea(s) to be developed which shall include the following elements: All property dimensions, platting and street systems, significant and grand trees, proposed building sites and sizes, types of uses proposed for buildings; plans for the screening and protection of abutting properties; means of ingress and egress, access and circulation arrangements, off-street parking and loading facilities, proposed reservations or dedications for streets, open spaces, and other public facilities. And, if requested, two-foot vertical contour intervals shall be provided on the site plan. The plan shall also include the name of the development and the developers, a north arrow, the date of the field survey, tract boundary lines, dimensions, bearings, angles and reference points to at least two (2) permanent monuments. If the proposal includes the subdivision of land for any purpose or the provisions of new public streets, the information required above and any additional information which may be required under the City of North Charleston's Subdivision Regulation Ordinance and Road Code Ordinance shall be included. The plat, including street names, must be approved by the planning commission.

(ii)

A description of any residential development, to include the types of dwelling units, with total number of each type specified, and the density (net units/acre) for the proposed development area.

(iii)

A traffic impact analysis and, if necessary, a discussion of needed traffic improvements within and outside of the subarea, who is responsible for such improvements, and a timeframe for provision of the improvements.

(iv)

A description of the provisions for parking, loading access ways, signs and means of protecting adjacent areas from lighting and other potentially adverse effects.

(G)

Adherence to approved plan:

Unless alteration is permitted by way of a zoning administrator approved variance as set forth herein, all standards of development shall conform to the standards adopted for the planned development district, regardless of any changes in ownership. Certain minor variations from the adopted PD plan may be approved as an administrative variance by the zoning administrator. Minor variations eligible for such administrative variance shall include:

Minor shifts in lot line locations where such shifts do not alter the number of lots within the PD district or materially alter lot size;

Minor shifts in road, alley, and/or driveway alignment to accommodate trees, improved traffic flow, safety concerns, the provision of public services, or other technical concerns; and

Reductions in the number of housing units or area of nonresidential space proposed, as compared to the approved PDD, provided such change is consistent with the future land use designation for the subject parcel.

In all instances in which an administrative variance from the zoning administrator is not granted, any proposed changes in the district shall be treated as amendments to the zoning ordinance and must be considered in accordance with procedures set forth in section 7-8 of this ordinance. Appeals based on hardships or an alleged misinterpretation of the ordinance by the zoning administrator shall be processed in accordance with subsection 7-7.3 of this ordinance.

Where it is determined by city council that development in the planned development district is not in accordance with the standards adopted for that district, the council shall be empowered to amend the ordinance to place parts or all of the property in the planned development district in another zoning classification deemed by the council to be more appropriate.

The violation of any provision of the plans, as submitted under the provisions herein, shall constitute a violation of this ordinance, subject to the same penalties as established in section 7-5 of this ordinance.

(Ord. No. 2001-090, 12-27-01; Ord. No. 2005-73, 12-1-05; Ord. No. 2007-26, § 1, 5-24-07; Ord. No. 2008-09, 1-24-08; Ord. No. 2013-016, 3-28-2013)

Section 5-8. - AR-I, Ashley River scenic district I:

(a)

Purpose: The scenic beauty and historic heritage of a community is among its most valued and important assets. In addition to its natural beauty, the Ashley River area reflects elements of our cultural, social, economic, political, and architectural history. It is the intent of the Ashley River Scenic District I to safeguard the heritage and scenic beauty of the City of North Charleston, Charleston County, and Dorchester County by preserving the view shed of National Historic Landmarks and Properties on the National Registrar of Historic Places which have been confirmed by the South Carolina Department of Archives and History; to promote conservation and provide protection by promoting the stabilization of the banks of the Ashley River which is tidally influenced and subject to periodic flooding; to preserve water quality by protecting the natural environmental qualities of the land and water; to stabilize and improve property values in Ashley River Scenic District I; to foster civic beauty; to preserve scenic areas; and to promote the use and preservation of the Ashley River Scenic District I for the education, welfare, and pleasure of residents of the City of North Charleston, Charleston County, and Dorchester County and of the state and nation as a whole.

(b)

Area of district: The area of the Ashley River Scenic District I shall consist of any property in the City of North Charleston confirmed by the South Carolina Department of Archives and History to be a part of the view shed for a National Historic Landmark or Properties on the National Registrar of Historic Places situated along the Ashley River which lies within and which is designated on the Official Zoning Map of the City of North Charleston:

(1)

One hundred (100) feet of the critical line of the Ashley River or adjacent lowlands, which lowlands are hereby defined as marshes, mudflats, or shallows periodically inundated by tidal action.

(2)

One hundred (100) feet of an established tree line paralleling the Ashley River, or

(3)

One hundred (100) feet of a bluff or cliff overlooking and visible from the Ashley River, whichever is greater.

(c)

Type of district; permitted uses: The Ashley River Scenic District I is an "overlay" district. As an overlay district, permitted uses are determined by the "underlying" or primary zoning district. For example, where this district overlays a residential zoning district, only those uses permitted in the residential zoning district shall be permitted in the overlay district, subject to the additional conditions and requirements of this section.

(d)

Supplemental development standards: The following supplemental development standards shall apply to any proposed use or alteration of an existing use, land or vegetation within the established Ashley River Scenic District I as defined by 5-8(b) above and shown on the Official Zoning Map,

(1)

Height limitations: No building or structure shall extend more than thirty-five (35) feet above the ground or base flood elevation plus the prevailing freeboard requirement, whichever is higher.

(2)

Removal of trees: No tree shall be cut or removed from within one hundred (100) feet of the edge of the Ashley River and adjacent lowlands as defined in section 5-8(b)(2).

(3)

Buildings or structures: No proposed buildings or structures may be erected within one hundred (100) feet of the Ashley River and adjacent lowlands as defined in section 5-8(b)(2); however, the area within this one hundred (100) foot setback may be used in the computation of other applicable side and rear yard setback requirements. No construction of docks, boat ramps, or boat houses over lowlands within the designated scenic view shed will be allowed unless it is determined by the Office of Coastal Resource Management after consultation with the South Carolina Department of Archives and History to have no negative effect on the scenic view shed.

(a)

For lots created when the Ashley River Scenic District I building setback was fifty (50) feet from the mean highwater mark, the principal structure shall be a minimum distance of twenty-five (25) feet from the edge of the fifty (50) foot buffer zone.

(b)

In cases where the natural vegetation is not sufficiently dense to approximate an opaque buffer between the development site and the Ashley River, installation of an opaque buffer shall be required.

(4)

Other alterations:

(a)

No grading, filling, excavation or other land-altering activity may be conducted within one hundred (100) feet of the Ashley River Scenic District I and adjacent lowlands except in accordance with section 5-8(e).

(b)

No impervious surfaces may be constructed within one hundred (100) feet of the Ashley River Scenic District I and adjacent lowlands except in accordance with section 5-8(e) herein below.

(c)

Necessary alterations: The provisions of section 5-8(d) shall not apply to necessary alterations for required roads or for access to the Ashley River Scenic District I for ingress/egress from any particular tract, provided that no reasonable alternative is available on the tract of land in question and that shoreline alterations are minimized to the greatest extent practicable. The burden of proving that no reasonable alternative is available and that the proposal minimizes shoreline alterations to the greatest extent practicable shall be on the party seeking to make alterations. Such applicant shall submit any information which he desires or which may be requested by the building official, and the building official must give notice to the director of planning and management prior to any determination as to the applicability of this subsection to any particular case.

(Ord. No. 1986-45, 9-11-86; Ord. No. 1989-33, 5-19-89; Ord. No. 1999-14, 2-25-99; Ord. No. 2007-79, 11-29-07; Ord. No. 2020-016, 2-27-2020)

Section 5-9. - AR-II, Ashley River scenic district II:

(a)

Purpose: The scenic beauty and historic heritage of a community is among its most valued and important assets. In addition to its natural beauty, the Ashley River area reflects elements of our cultural, social, economic, political, and architectural history. It is the intent of the Ashley River Scenic District II to safeguard the heritage and scenic beauty of the City of North Charleston, Charleston County, and Dorchester County, to promote conservation and provide protection by promoting the stabilization of the banks of the Ashley River which is tidally influenced and subject to periodic flooding; to preserve water quality by protecting the natural environmental qualities of the land and water; to stabilize and improve property values in Ashley River Scenic District II; to foster civic beauty; to preserve scenic areas; and to promote the use and preservation of the Ashley River Scenic District II for the education, welfare, and pleasure of residents of the City of North Charleston, Charleston County, and Dorchester County and of the state and nation as a whole.

(b)

Area of district: The Ashley River Scenic District II shall be comprised of the parcels shown on the attached map, which is incorporated into this section by reference, any parcels created from the these parcels, as well as any parcels annexed into the City of North Charleston which are wholly or in part located within fifty (50) feet of the critical line of the Ashley River or adjacent lowlands, which lowlands are hereby defined as marshes, mudflats, or shallows periodically inundated by tidal action (for which the referenced map shall be updated to reflect additional parcels in the Ashley River Scenic District II).

(c)

Type of district; permitted uses: The Ashley River Scenic District II is an "overlay" district. As an overlay district, permitted uses are determined by the "underlying" or primary zoning district. For example, where this district overlays a residential zoning district, only those uses permitted in the residential zoning district shall be permitted in the overlay district, subject to the additional conditions and requirements of this section.

(d)

Supplemental development standards: The following supplemental development standards shall apply to any proposed use or alteration of an existing use, land or vegetation within the established Ashley River Scenic District II as defined by 5-9(b) above and shown on the Official Zoning Map.

(1)

Height limitations: No building or structure shall extend more than thirty-five (35) feet above the ground or base flood elevation plus the prevailing freeboard requirement, whichever is higher.

(2)

Removal of trees: No tree of six (6) inches DBH shall be cut or removed from within fifty (50) feet of the edge of the Ashley River or adjacent lowlands as defined in section 5-9(b)(2).

(3)

Buildings or structures: No proposed buildings or structures may be erected within fifty (50) feet of the Ashley River and adjacent lowlands as defined in section 5-9(b)(2); however, the area within this fifty (50) foot setback may be used in the computation of other applicable side and rear yard setback requirements.

(4)

Docks shall be permitted on lots of records in developed residential areas in accordance with the Ashley River Special Area Management Plan (SAMP). Docks may not have roofs or second-story decks. Docks must be construed of wood and may not be painted. No new marina development is permitted within the AR-II. Individual docks must be limited in size (pierhead no larger than one hundred (100) square feet; a single floating dock no larger than one hundred twenty-eight (128) square feet). No new fueling facilities will be allowed within the AR-II.

(e)

Other alterations:

(1)

No grading, filing, excavation or other land-altering activity may be conducted within fifty (50) feet of the Ashley River Scenic District II and adjacent lowlands except in accordance with section 5-9(e).

(2)

No impervious surfaces may be constructed within fifty (50) feet of the Ashley River Scenic District II and adjacent lowlands except in accordance with section 5-9(e) herein below.

(3)

Necessary alterations: The provisions of section 5-9(d) shall not apply to necessary alterations for required roads or for access to the Ashley River Scenic District Il for ingress/egress from any particular tract, provided that no reasonable alternative is available on the tract of land in question and that shoreline alterations are minimized to the greatest extent practicable. The burden of proving that no reasonable alternative is available and that the proposal minimizes shoreline alterations to the greatest extent practicable shall be on the party seeking to make alterations. Such applicant shall submit any information which he desires or which may be requested by the building official, and the building official must give notice to the directors of planning and management prior to any determination as to the applicability of this subsection to any particular case.

(Ord. No. 1989-33, 5-19-89; Ord. No. 1999-60, 11-11-99; Ord. No. 2001-073, 11-20-01; Ord. No. 2007-79, 11-29-07; Ord. No. 2010-059, 9-23-2010; Ord. No. 2020-016, 2-27-2020; Ord. No. 2020-051, Exh. A, 10-22-2020)

Section 5-10. - AR-III, Ashley River scenic district III:

(a)

(1)

Safeguard the heritage and scenic beauty of the City of North Charleston, and Charleston County, by preserving the Ashley River Scenic District III;

(2)

To promote conservation and provide protection against floods by promoting the stabilization of the banks of the Ashley River which is tidally influenced and subject to periodic flooding;

(3)

To stabilize and improve property values in the Ashley River Scenic District III;

(4)

To foster civic beauty;

(5)

To preserve scenic areas; and

(6)

To promote the use and preservation of the Ashley River as a place of work, education, and pleasure for the residents of the City of North Charleston and Charleston County, and of the state and nation as a whole.

(b)

Area of district: The Ashley River Scenic District III shall be comprised of the parcels shown on the attached map, which is incorporated into this section by reference, and any parcels created from these parcels.

(c)

The following provisions shall apply to all uses of land, buildings or other structures located within the Ashley River Scenic District III and shall be in addition to all other requirements of law, including other provisions of this section:

(1)

Buildings: No buildings may be located within fifty (50) feet of the Ashley River and adjacent lowlands, as defined in section 5-9(b) of this appendix.

(2)

Impervious surfaces: On a given lot, impervious surfaces shall not occupy more than forty (40) per cent of the total surface area lying within fifty (50) feet of the Ashley River and adjacent lowlands, as defined in section 5-9(b) of this appendix.

(3)

Docks: Docks may be permitted in the AR-III but may not have second-story decks. All docks permitted after the adoption of this section must be constructed of wood and shall not be painted. No new marina development is permitted within the AR-III. Individual docks must be limited in size (pierhead no larger than one hundred (100) square feet; a single floating dock no larger than one hundred twenty-eight (128) square feet). No new fueling facilities will be allowed within the AR-III.

(4)

Height limitations: No building or structure shall extend more than thirty-five (35) feet above the ground or base flood elevation plus the prevailing freeboard requirement, whichever is higher.

(Ord. No. 2000-011, 2-24-00; Ord. No. 2004-08, 1-22-04; Ord. No. 2007-79, 11-29-07; Ord. No. 2018-028, 5-24-2018; Ord. No. 2020-016, 2-27-2020)

Section 5-11. - Dorchester Road Corridor I district:

(a)

Boundaries. The Dorchester Road Corridor I district shall include all parcels of land in the City of North Charleston that are in Dorchester County on the east side of the Ashley River.

(b)

Required buffers.

SR642 (Dorchester Road) Buffer.

An uninterrupted forty-foot depth vegetative buffer shall be required along all SR642 frontage property line between Ladson Rd. and Charleston County line (the "Dorchester Road Corridor" area) except where curb cuts are expressly provided under this ordinance. Where easements or rights-of-way are parallel with and contiguous to the SR642 frontage property line, the forty-foot buffer depth shall be measured from the inboard line of the right-of-way or easement.

Where suitably opaque and continuous, unimproved natural vegetation may satisfy this requirement provided the unimproved, natural vegetative buffer exceeds fifteen (15) feet in height.

The vegetative SR642 Buffer for all areas except those within HICN shall be opaque and shall, at a minimum, include the following per one hundred (100) linear feet of frontage in addition to retaining all natural vegetation:

•

Six (6) canopy trees (two and one-half (2½) inch diameter breast height minimum); and

•

Ten (10) understory trees (six (6)—eight (8) feet height minimum); and

•

Forty (40) shrubs, (three (3) gallons minimum).

Where secondary streets and frontage roads intersect with the opaque SC 642 buffer, the SC 642 buffer shall have a minimum depth of eighty (80) feet within forty (40) feet of the secondary or frontage road.

The vegetative SR642 buffer for areas within High Intensity Commercial Nodes, shall at a minimum, include the following per hundred feet of frontage in addition to retaining all natural vegetation six (6) inches DBH:

•

Six (6) canopy trees (two and one-half (2½) inches diameter breast height minimum); and

•

Forty (40) shrubs (three (3) gallon minimum)

Under-brushing of vegetation up to six (6) inches DBH shall be permitted on parcels on the High Intensity Commercial Node.

Required buffers for parcels abutting secondary streets and frontage roads.

Front buffers (commercial). The front buffer for commercial and office establishments shall be fifteen (15) feet along corridor rights-of-way, both public and private. This buffer is intended for aesthetic, rather than screening purposes. The buffer shall contain the following minimum ornamental plantings per one hundred (100) linear feet of frontage:

•

Three (3) canopy trees two and one-half (2½) inches caliper minimum

•

Three (3) understory trees six (6)—eight (8) feet height minimum

•

Twenty-five (25) shrubs, three (3) gallon minimum

Within the front buffer, all trees six (6) inches diameter breast height and greater shall be retained. The retention of existing natural vegetation shall be encouraged in buffers.

Rear and side buffers. Rear and side buffers shall be provided per City of North Charleston standards, including section 6-12 of the Ordinance.

Front residential buffers. An opaque fifty (50) foot buffer shall be provided along the frontage of any new single family residential development across on street from any use or zoning other than single family residential.

The fifty (50) foot front buffer shall contain the following minimum planting per one hundred (100) linear feet when existing vegetation is not sufficient:

•

Eight (8) canopy trees two and one-half (2½) inches caliper minimum

•

Twelve (12) understory trees six (6)—eight (8) foot minimum

•

Fifty (50) shrubs, three (3) gallon minimum

Side and rear buffers (residential). An opaque fifty (50) foot buffer shall be provided between parcels either dedicated to or zoned for commercial, office or multifamily uses and abutting parcels either zoned for or dedicated to single family residential use.

The fifty (50) foot side and rear buffers shall contain the following minimum planting per one hundred (100) linear feet when existing vegetation is not sufficient:

•

Eight (8) canopy trees two and one-half (2½) inches caliper minimum

•

Twelve (12) understory trees six (6)—eight (8) foot minimum

•

Fifty (50) shrubs, three (3) gallon minimum

All natural vegetation shall be retained.

Loading zone buffers.

Structures shall be oriented so that loading areas are not visible from residential districts, from existing public or private rights-of-way, or from planned future public rights-of-way. Loading areas may be oriented toward adjoining developed properties, which are commercially zoned, or toward adjoining properties eligible for future commercial development if and only if they are entirely screened from view by the use of solid fencing or appropriate landscaping.

ii.

Reserved.

All buffer areas. All buffer areas must accommodate required plant material within the buffer. Drainage swales and storm water detention ponds may be placed in the buffer only when trees are not endangered and only when they meander through the buffer in an unobtrusive manner. Storm water detention ponds may not occupy more than twenty-five (25) per cent of the buffer area. Driveways may pass through a buffer to gain access to parking. Structures other than permitted freestanding signs may not be placed within the buffer.

(c)

Reserved.

(d)

Curb cuts.

Only one (1) curb cut shall be permitted every two hundred fifty (250) feet for parcels not served by a frontage road.

Curb cuts shall be the only permissible break in continuity of the vegetative buffer.

Driveways linking a curb cut and parking lot shall have at least one 90-degree turn prior to entering the parking area to assure that the parking area is not visible from the curb cut for properties with frontage on SC 642 and where a 40' opaque buffer is required.

Curb cut applications/requests must be accompanied by a shared access "tie in" easement to permit adjoining parcels "through-traffic rights-of-way" since they will no longer be eligible for a curb cut.

Parcels serviced by a "tie in" access (i.e., parcels without curb cuts) shall be required to grant rights-of-way/easements across their property as a condition of tie in.

Access to the shared access right-of-way shall be without charge for the right, though parties may apportion maintenance costs of maintenance and construction.

Frontage road curb cuts-parcels: served by a frontage road may have one curb cut on the frontage road for each parcel, without regard to spacing.

(e)

Signs. In addition to the city's normal sign code, the following special regulations shall apply:

(1)

Freestanding signs: Must be "monument", "pedestal", or "gateway style entrance sign pairs" in design, not to exceed fifty (50) square feet per sign face and ten (10) feet in height of the sign structure. One (1) sign or "gateway style entrance sign pair" shall be permitted per major road frontage.

(a)

Shopping center freestanding signs: A shopping center may erect one (1) "monument" or "pedestal" freestanding sign per street frontage, up to a maximum of two (2) signs per center. One (1) square foot of freestanding signage will be permitted per each linear foot of shopping center building frontage, up to a maximum of one hundred fifty (150) square feet per sign.

(b)

Illumination of freestanding signs: Internal illumination will be permitted in areas of fifteen-foot buffers. In areas of fifty-foot buffers, no internal illumination will be permitted for residential subdivision entrance signs. In all areas, no flashing or moving signs will be permitted.

(2)

Wall signs and window signs (commercial): One (1) square foot of wall and window signage combined will be permitted per each linear foot of building frontage, up to a maximum of one hundred (100) square feet of wall and window signage combined.

(3)

[Materials.] Signs shall be fabricated of solid materials such as brick, wood or concrete.

(4)

Prohibited signs: Off-premises signs, portable signs, flags and banners except the U.S., state and city flags, and temporary signs shall be prohibited within the corridor. Nothing in this section shall be construed to prevent the on-premises display of a single monument style for-sale sign not to exceed ten (10) square feet in residential areas and thirty-five (35) square feet in commercial area.

(f)

Building material. No building elevation constructed of unadorned concrete masonry units or corrugated and/or sheet metal shall front upon any existing public or private rights-of-way.

(g)

Utilities and lightning.

(1)

Utility lines. All utility lines such as electric, telephone, CATV, or other similar lines serving individual sites as well as all utility lines necessary within the property shall be placed underground. All junction and access boxes shall be screened with sufficient vegetation so as to completely obscure it from view. All utility pad features and meters should be shown on the site plan.

(2)

Reserved.

(h)

Reserved.

(i)

Parking. Parking areas:

(1)

Shall be accessed by a drive featuring at least one (1) 90-degree turn between the curb cut and the parking area;

(2)

Shall not be located between the structure and the SR 642 frontage buffer;

(3)

Shall not, when combined with surface area of all proposed walkways and structures, cover more than eighty (80) per cent of the parcel with impervious surface;

(4)

Shall feature the number of spaces as provided within section 4-10 of this ordinance.

(j)

Street trees. One (1) street tree must be planted every forty (40) feet along the inside edge of any newly dedicated road right-of-way where overhead power lines are not present immediately over the site at which the tree would be planted. In areas where overhead power lines are present, one (1) street tree from the list of substitutions must be planted every twenty (20) feet along the inside edge of the front property line. These trees may serve to help satisfy buffer planting requirements.

Designated list of street trees. The zoning administrator shall maintain a list of acceptable street trees and street tree substitutions. This list may be updated as necessary by the city's horticulturist.

(k)

Developmental height limit. Building height shall not exceed thirty-five (35) feet in single family residential areas, or twenty-five (25) feet in neighborhood office districts.

(l)

Variance and appeals. Variances and appeals shall be handled through the board of zoning appeals as provided within Chapter 7 of the Zoning Ordinance of the City of North Charleston.

(m)

Amortization of non-conforming uses.

Any use lawfully established as of June 8, 2000, which as thereafter continuously operated, and which would otherwise be in violation of this section shall be deemed a non-conforming use.

ii.

"Grandfathering" permitted in limited circumstances. Except as provided within subsection (iii) below, uses lawfully Established prior to the effective date of this ordinance shall be permitted to continue pursuant to section 4-5 of the Zoning Ordinance of the City of North Charleston. Expansion of nonconforming uses shall not be permitted unless expressly approved by the zoning administrator based upon the finding that either (A) the proposed expansion is consistent with the requirements of this ordinance or (B) the expansion is the most harmonious possible given the requirements of this ordinance and the preexisting development at the site and further, that the expansion would not contribute to undermining the integrity of the Dorchester I Zone.

iii.

Amortization provided.

Uses not in conformity with sections 5-11(b)(1)(a) and (b)(2) shall not be grandfathered as set forth above, but rather shall be amortized out of existence over a period not to exceed six (6) months from the date of ratification of this ordinance. Provided, however, that where the nonconformity with [section] 5-10(b)(1) or (b)(2) results from the pre-existing establishment of a permanent improvement within the prescribed buffer zone the property owner may obtain a waiver from the zoning administrator upon a showing that a satisfactory buffer of a depth equal to or greater than seventy-five (75) per cent of the distance between the property line and the structure has been established. Where the establishment of the front buffer would reduce existing parking below the minimum parking requirement for the use, the developer may satisfy all or part of the buffering requirement in the adjacent right-of-way of SC 642 after obtaining the necessary encroachment permits from the S.C. Department of Transportation.

Except for "mass assembly" uses (i.e., uses featuring seating for more than one thousand five hundred (1,500) occupants), uses not in conformity with section 5-11(e) shall not be "grandfathered" as set forth above, but rather shall be amortized out of existence over a period not to exceed seven (7) years, unless sooner terminated for any reason or voluntarily discontinued for a period of six (6) months or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(n)

Severability. If any subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

(Ord. No. 2000-020, 6-8-00; Ord. No. 2000-094, 12-28-00; Ord. No. 2001-59, 9-27-01; Ord. No. 2001-092, 12-27-01; Ord. No. 2006-45, 7-25-06; Ord. No. 2006-46, 7-25-06; Ord. No. 2009-04, 1-8-09; Ord. No. 2012-047, 10-25-2012; Ord. No. 2015-023, 5-28-2015; Ord. No. 2019-034, 6-27-2019; Ord. No. 2021-007, Exh. A, 2-25-2021; Ord. No. 2021-041, Exh. A, 5-27-2021; Ord. No. 2023-049, Exh. A, 9-28-2023)

Section 5-12. - Dorchester Road Corridor II district:

(a)

Boundaries. The Dorchester Road Corridor II district boundaries shall be the Ashley River, the Mark Clark, the Norfolk Southern Rail line, Ashley Phosphate Road, and the Dorchester County line.

(b)

Required buffers and screening.

Commercial front buffers. The front buffer for commercial and office establishments shall be fifteen (15) feet along corridor rights-of-way, both public and private. This buffer is intended for aesthetic, rather than screening purposes. The buffer shall contain the following minimum ornamental plantings per one hundred (100) linear feet of frontage:

• Three (3) canopy trees two and one-half (2½) inches caliper minimum.

• Three (3) understory trees six (6)—eight (8) feet height minimum.

• Twenty-five (25) shrubs, three (3) gallon minimum.

Commercial side and rear buffers. Side and rear buffers shall be provided per City of North Charleston standards, including section 6-12 of the Ordinance.

All buffer areas. All buffer areas must accommodate required plant material within the buffer. Drainage swales and stormwater detention ponds may be placed in the buffer only when trees are not endangered and only when they meander through the buffer in an unobtrusive manner. Stormwater detention ponds may not occupy more than twenty-five (25) per cent of the buffer area. Driveways may pass through a buffer to gain access to parking. Structures other than permitted freestanding signs may not be placed within the buffer.

Required screening:

Loading zones: Structures shall be oriented so that loading areas are in no manner visible from residential districts, from existing public or private rights-of-way, or from planned future public rights-of-way. Loading areas may be oriented toward adjoining developed properties, which are commercially zoned, or toward adjoining properties eligible for future commercial development if and only if they are entirely screened from view by the use of solid fencing or appropriate landscaping.

ii.

Reserved.

(c)

Reserved.

(d)

Signs: In addition to the city's normal sign code, the following special regulations shall apply:

Freestanding signs: Must be "monument, "pedestal" or "gateway style entrance sign pair" in design, not to exceed fifty (50) square feet per sign face and ten (10) feet in height of the sign structure. One (1) sign or "gateway style entrance sign pair" shall be permitted per major road frontage.

Shopping center freestanding signs: A shopping center may erect one (1) "monument" or "pedestal" freestanding sign per street frontage, up to a maximum of two (2) signs per center. One (1) square foot of freestanding signage will be permitted per linear foot of shopping center building frontage, up to a maximum of one hundred fifty (150) square foot per sign.

ii.

Illumination of freestanding signs: Internal illumination will be permitted in areas of fifteen-foot buffers. No internal illumination will be permitted for residential subdivision entrance signs. In all areas, no flashing or moving signs will be permitted.

Wall signs and window signs (commercial): One (1) square foot of wall and window signage combined will be permitted per each linear foot of building frontage, up to and not exceeding fifteen (15) per cent of the area of the building façade on which the signs are to be displayed.

Signs shall be fabricated of solid materials such as brick, wood or concrete.

Prohibited signs: Off-premises signs, portable signs, and temporary signs shall be prohibited within the corridor.

(e)

Building material: No building elevation constructed of unadorned concrete masonry units or corrugated and/or sheet metal shall front upon any existing public or private rights-of-way.

(f)

Utilities and lighting.

Reserved.

(g)

Reserved.

(h)

Variance and appeals. Variances and appeals shall be handled through the board of zoning appeals as provided within Chapter 7 of the Zoning Ordinance of the City of North Charleston.

(i)

Amortization of nonconforming uses.

Any use lawfully established as of May 10, 2001, which is thereafter continuously operated, and which would otherwise be in violation of this section shall be deemed a nonconforming use.

"Grandfathering" permitted in limited circumstances. Except as provided within subsection 3. below, uses lawfully established prior to the effective date of this ordinance shall be permitted to continue pursuant to section 4-5 of the Zoning Ordinance of the City of North Charleston. Expansion of non-conforming uses shall not be permitted unless expressly approved by the zoning administrator based upon the finding that either A) the proposed expansion is consistent with the requirements of this ordinance or B) the expansion is the most harmonious possible given the requirements of this ordinance and the preexisting development at the site and further, that the expansion would not contribute to undermining the integrity of the Dorchester II Zone.

Amortization provided.

Uses not in conformity with sections 5-12(b)1. and 5-12(b)2. shall not be grandfathered as set forth above, but rather shall be amortized out of existence over a period not to exceed seven (7) years from the date of ratification of this ordinance. Provided, however, that where the non-conformity with 5-12(b)1. or (b)2. results from the pre-existing establishment of a permanent improvement within the prescribed buffer zone the property owner may obtain a waiver from the zoning administrator upon a showing that a satisfactory buffer of a depth equal to or greater than seventy-five (75) per cent of the distance between the property line and the improvement has been established.

ii.

Uses not in conformity with section 5-12(d) shall not be "grandfathered" as set forth above, but rather shall be amortized out of existence over a period not to exceed (7) years, unless sooner terminated for any reason or voluntarily discontinued for a period of six (6) months or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(j)

(Ord. No. 2001-39, 5-10-01; Ord. No. 2001-092, 12-27-01; Ord. No. 2006-45, 7-25-06; Ord. No. 2006-46, 7-25-06; Ord. No. 2007-80, 11-29-07; Ord. No. 2012-047, 10-25-2012; Ord. No. 2019-034, 6-27-2019; Ord. No. 2021-041, Exh. A, 5-27-2021)

Section 5-13. - Ladson Road overlay district:

(a)

Boundaries. The Ladson Road Overlay District boundaries shall be the Dorchester County line, Ashley Phosphate Road from the county line east to I-26, I-26 from Ashley Phosphate Road to Ancrum Road to include those properties abutting Ancrum Road, Ancrum Road to Ladson Road to include those properties abutting Ladson Road, Ladson Road to the Dorchester County line.

(b)

Required buffers.

Ladson Road.

• Three (3) canopy trees two and one-half (2½) inches caliper minimum

• Three (3) understory trees six (6)—eight (8) feet height minimum

• Twenty-five (25) shrubs, three (3) gallon minimum

Commercial side and rear buffers. Side and rear buffers shall be provided per City of North Charleston standards, including section 6-12 of the Ordinance.

Required screening:

ii.

Reserved.

(c)

Reserved.

(d)

Signs: In addition to the city's normal sign code, the following special regulations shall apply:

(1)

Freestanding signs: Must be "monument" or "pedestal" in design, not to exceed fifty (50) square feet per sign face and ten (10) feet in height of the sign structure. One (1) sign per major road frontage.

(i)

(ii)

(2)

(3)

Prohibited signs: Off-premises signs, portable signs, and temporary signs shall be prohibited within the corridor.

(e)

Building material: No building elevation constructed of unadorned concrete masonry units or corrugated and/or sheet metal shall front upon any existing public or private rights-of-way.

(f)

Utilities and lighting:

(1)

Utility lines. All utility lines such as electric, telephone, CATV, or other similar lines serving new sites as developed after adoption of this section as well as all utility lines necessary within the property shall be placed underground. All junction and access boxes shall be screened with sufficient vegetation so as to completely obscure it from view. All utility pad features and meters should be shown on the site plan.

(2)

Reserved.

(g)

Reserved.

(h)

Variance and appeals. Variances and appeals shall be handled through the board of zoning appeals as provided within Chapter 7 of the Zoning Ordinance of the City of North Charleston.

(i)

(Ord. No. 2002-56, 8-22-02; Ord. No. 2006-45, 7-25-06; Ord. No. 2006-46, 7-25-06; Ord. No. 2006-47, 7-25-06; Ord. No. 2007-81, 11-29-07; Ord. No. 2012-011, 4-26-2012; Ord. No. 2012-047, 10-25-2012; Ord. No. 2019-034, 6-27-2019; Ord. No. 2021-041, Exh. A, 5-27-2021)

Section 5-14. - University Boulevard overlay district:

(a)

Boundaries. The University Boulevard overlay district shall include all parcels of land south of Goose Creek, east of I-26, west of Rivers Avenue/US 52 and generally north of I-26, US 52 and US 78 Connector.

(b)

Required buffers.

US 78 (University Boulevard) Buffers

• Three (3) canopy trees two and one-half (2½) inches caliper minimum

• Three (3) understory trees six (6)—eight (8) feet height minimum

• Twenty-five (25) shrubs, three (3) gallon minimum

Commercial and multifamily side and rear buffers. Side and rear buffers shall generally be provided per City of North Charleston standards, including section 6-12 of the ordinance. However, in instances in which a commercial, office, or multifamily development abuts a residential zoned or used parcel, (i) the required vegetative side or rear buffer depth shall be twenty-five (25) feet along that side of the commercially zoned or used parcel and (ii) an eight (8) foot privacy fence, with its finished side facing the abutting residential area, shall be installed parallel to the property line and either (a) set back at least three (3) feet from the property line, or (b) along the property line so long as there is a permanent, non-revocable easement of at least three (3) feet in width from the adjoining landowner so as to permit maintenance of the fence.

Front residential buffers. An opaque fifty (50) foot buffer shall be provided along the frontage of any new single-family residential development across the street from any use or zoning other than single family residential.

The fifty (50) foot front buffer shall contain the following minimum planting per one hundred (100) linear feet when existing vegetation is not sufficient:

• Eight (8) canopy trees two and one-half (2½) inches caliper minimum

• Twelve (12) understory trees six (6)—eight (8) feet minimum

• Fifty (50) shrubs, three (3) gallon minimum

Side and rear buffers (residential). For residential units newly constructed after the effective date of this ordinance, a twenty-five (25) foot vegetative buffer shall be constructed on residentially zoned or used parcels along the edge of any such parcel that abuts a parcel either zoned for or dedicated to a commercial, office or multifamily use.

Required screening:

ii.

Reserved.

Signs: In addition to the city's normal sign code, the following special regulations shall apply:

(1)

(i)

(ii)

(2)

(3)

Prohibited signs: Off-premises signs, portable signs, and temporary signs shall be prohibited within the corridor. Nothing in this section shall be construed to prevent the on-premises display of a single monument style for-sale sign not to exceed ten (10) square feet in residential areas and thirty-five (35) square feet in commercial areas.

Building material: No building elevation constructed of unadorned concrete masonry units or corrugated and/or sheet metal shall front upon any existing public or private rights-of-way.

Utilities and lighting.

(1)

Utility lines. All utility lines such as electric, telephone, CATV, or other similar lines serving new individual sites developed after the adoption of this ordinance as well as all utility lines necessary within the property shall be placed underground. All junction and access boxes shall be screened with sufficient vegetation so as to completely obscure it from view. All utility pad features and meters should be shown on the site plan.

(2)

Reserved.

Noise: Businesses utilizing outdoor speaker systems must ensure that noise produced by these systems is not audible beyond the boundaries of the property on which they are located.

Reserved.

Variance and appeals. Variances and appeals shall be handled through the board of zoning appeals as provided within Chapter 7 of the Zoning Ordinance of the City of North Charleston.

Severability. If any subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby.

(Ord. No. 2002-067, 9-26-02; Ord. No. 2006-38, 6-22-06; Ord. No. 2006-45, 7-25-06; Ord. No. 2006-46, 7-25-06; Ord. No. 2006-47, 7-25-06; Ord. No. 2010-084, 12-21-2010; Ord. No. 2012-047, 10-25-2012; Ord. No. 2019-034, 6-27-2019; Ord. No. 2021-041, Exh. A, 5-27-2021)

Section 5-15. - AG, Agricultural district:

It is the intent of this section that the AG district be established to reserve appropriate land for agricultural activities, protect agricultural land and land uses from development pressures, protect natural and historical resources, preserve wetlands, watercourses and other significant natural resource areas, and to preserve the scenic quality of the landscape.

(a)

Permitted uses: The following uses shall be permitted in the AG zoning district:

Agricultural uses:

Agriculture, crop production;

Agriculture, horse care, stabling and boarding;

Forestry.

Residential uses:

Single-family residential;

(b)

Accessory uses:

Accessory uses shall be limited to uses that are applicable to R-1, single-family residential district. However, private kennel or other quarters for the keeping of poultry or animals for commercial purposes are permitted provided that such use does not generate a nuisance to adjoining properties and commercial flower, ornamental shrub or vegetable garden, greenhouse or slat house not more than eight (8) feet in height shall be permitted.

(Ord. No. 2006-10, 3-23-06; Ord. No. 2020-050, Exh. A, 10-22-2020)

Editor's note— Ord. No. 2006-10, adopted March 23, 2006, provided for the inclusion of a new § 5-13 within this Zoning Code. Inasmuch as § 5-13 exists in the Zoning Code, the provisions of Ord. No. 2006-10 have been redesignated as § 5-15 at the discretion of the editor.

Section 5-16. - Old Village business overlay district:

(a)

Purpose: The Old Village was and is a traditional "Main Street Small Town America." As such, it is a place of commerce for retail, eating and social meeting.

(b)

District boundaries:

(1)

Durant Avenue on the North;

(2)

Virginia Avenue on the East;

(3)

Cougar Way on the South;

(4)

Jenkins Avenue to Lockhart Street to Chateau Avenue on the West;

(5)

Plus the boundaries of the Garco Park planned development district property; and

(6)

The parcel occupied as of January 1, 2009 by the restaurant known as "Sesame" near the corner of Spruill Avenue and Montague Avenue, and the adjacent city-owned property on the corner of Spruill and Montague. For purposes of this parcel, the maximum sidewalk café area on the city-owned parcel shall be equal to the average width of the public sidewalk on East Montague Avenue within the boundaries specified in items (1) through (4) above. It is intended that sidewalk dining may occur on the parcel itself in lieu of on the sidewalk, subject to the further regulations set forth herein, but in no event may the sidewalk café area on the city-owned parcel constitute the entire parcel.

(c)

Type of district; permitted uses: As an overlay district, permitted uses shall be those of the underlying zoning district classification, as modified herein.

(d)

Supplemental uses:

(1)

Sidewalk cafés:

Definitions.

Alcoholic beverages mean and include alcohol, spirits, wine or beer.

Food means any raw, cooked or processed edible substance or ingredient, used or intended for use in whole or in part for human consumption, and shall include non-alcoholic beverages allowed to be sold in accordance with this section, but shall not include alcoholic beverages.

Sidewalk café means a portion of an immobile retail food establishment located on a public right-of-way directly adjacent to the retail food establishment.

Sidewalk café area means the space within the boundaries of the sidewalk café elements.

Sidewalk café elements mean all tables, chairs, plants, planters, and any other items of the sidewalk café, which are approved in the sidewalk café permit.

Permit required for sidewalk café. A permit, which shall be known as a sidewalk café permit, shall be required to operate a sidewalk café. A sidewalk café permit shall be valid for one (1) year from the date of its issuance. The fee for a sidewalk café permit shall be one hundred dollars ($100.00).

Permit application and approval procedure. Application for a sidewalk café permit shall be submitted to the zoning administrator, who shall make available forms for this purpose. The applicant shall provide such information on the application as the zoning administrator may require:

Proof that the applicant holds a valid retail food establishment business license and certificate of occupancy issued to the establishment that will provide food for the sidewalk café adjacent thereto.

Proof of insurance in the amount of at least one hundred thousand dollars ($100,000.00) for the area included in the sidewalk café.

A measured drawing of the sidewalk café. This drawing must accurately depict all existing street furniture and other obstructions (trees, poles, news boxes, signs, hydrants, parking meters, etc.).

A layout plan for the sidewalk café demonstrating that the sidewalk café shall not unreasonably interfere with:

(a)

Adequate pedestrian flow;

(b)

Access to building entrances;

(c)

Pedestrian and traffic safety; and

(d)

The aesthetic quality of the surrounding area.

A non-refundable application fee of one hundred dollars ($100.00).

A notarized statement indicating that the applicant: (a) has had no Municipal Code violations relating to the applicant's retail food establishment within the last twelve (12) months preceding the date of the application; or (b) has had Municipal Code violation(s) relating to the applicant's retail food establishment within the last twelve (12) months preceding the date of the application with a list of the specific violation(s) by date and Code section. Any Municipal Code violation that has been adjudicated against the applicant relating to the applicant's retail food establishment within the last twelve (12) months preceding the date of the application shall be grounds for denial of the application.

Upon the filing of a completed application for a sidewalk café permit, the retail food establishment to which such application applies shall be posted along each public thoroughfare abutting the retail food establishment with a sign at least ten (10) days prior to any consideration of the application by the zoning administrator. The sign shall specify the request sought by the application and the phone number and address of the zoning administrator to be contacted concerning the application.

Review of application. The zoning administrator shall review a submitted application for compliance with this section and regulations promulgated pursuant thereto.

If the zoning administrator finds that the applicant meets the requirements of this section and the regulations promulgated hereunder, the zoning administrator shall provide the application to the fire inspector. The fire inspector will review the application for fire code compliance, and will forward a recommendation to the zoning administrator.

Upon the receipt of a favorable recommendation from the fire inspector, the zoning administrator shall approve the sidewalk café permit to the applicant; provided the sidewalk café permit shall not be issued until after the zoning administrator or his designee and fire inspector have conducted a site inspection of the approved sidewalk café and all sidewalk café elements placed therein to ensure that the sidewalk café and all sidewalk café elements are in compliance with the approved permit and that the permittee is in compliance with all other requirements of the permit.

If the zoning administrator finds that the applicant fails to meet the requirements of this section or does not receive a favorable recommendation from the fire marshal he shall notify the unsuccessful applicant in writing of the denial and the reasons therefore within ten (10) business days after the denial.

All appeals of administrative interpretations or decisions of the zoning administrator shall be made to the board of zoning appeals.

Compliance with plan and other components of application. Each sidewalk café shall comply in all respects with the specifications set out in the plan submitted to and approved by the zoning administrator, and with the other components of the application.

Permit—Assignment or transfer prohibited. No permittee shall assign or transfer a sidewalk café permit without the express written consent of the zoning administrator.

Permit for one (1) retail food establishment only. A sidewalk café shall be for the exclusive use of the licensed retail food establishment stated on the permit. Sharing or other joint use of a sidewalk café location by more than one (1) retail food establishment shall be prohibited unless the zoning administrator finds that shared use of the area is in the best interests of the public and will improve the functionality of the overlay district.

Permit for food and beverage service, including alcoholic beverages, only. A sidewalk café permit shall only authorize food and beverage service, including alcoholic beverages, at the sidewalk café. Regardless of what other activity may be permitted to take place inside the establishment that holds the sidewalk café permit, such other activity except food and beverage service, including alcoholic beverages, shall be prohibited.

Operational conditions.

Sidewalk cafés permitted under this section shall not operate earlier than 7:00 a.m. and no later than 11:00 p.m. unless the hours of the establishment are more restricted by operation of law or otherwise, in which case, the establishment's more restrictive hours shall control.

Sidewalk cafés shall only be permitted on sidewalks with a minimum of ten (10) feet measured from the property line to the face of curb on streets with on-street parking. On sidewalks with an adjacent traffic lane, the sidewalk width is required to be a minimum of fifteen (15) feet. The area designated for the sidewalk café shall be considered an extension of the franchise; therefore, the location of the sidewalk café must be directly in front of the franchise. However, the permittee may, upon consent of the property owner, also utilize the location directly in front of no more than one (1) additional parcel with which the permittee shares a property boundary provided that such parcel is not utilized as a sidewalk café and complies with all requirements for sidewalk café areas, including but not limited to inspection and permitting.

Sidewalk café operators are required to maintain a clear pedestrian path of five (5) feet minimum at all times. In areas of higher pedestrian traffic or activity or in conditions that suggest the need for additional clearance, a clear pedestrian path greater than five (5) feet may be required. On sidewalks with an adjacent traffic lane, the clear pedestrian path is required to be a minimum of ten (10) feet at all times. Such area shall be free of any obstructions such as trees, parking meters, utility poles and the like in order to allow adequate pedestrian movement. The sidewalk café may not impinge on any required clear distances for maneuvering around building entrances or exits. All services provided to patrons of a sidewalk café and all patron activity (i.e., sitting, dining, waiting, etc.) shall occur within the designated sidewalk café area, and shall not impinge on the required clear distance for pedestrian passage at any time. (RI)

Sidewalk cafés permitted under this section shall not play amplified music, whether live or recorded. No speakers, microphones, televisions or other audio or video devices shall be permitted at a sidewalk café.

Additional parking shall not be required due to the addition of a sidewalk dining area. (COC)

The permittee must provide supervision of the sidewalk café area to ensure the conduct of patrons and operations of the area are in compliance with this ordinance at all times.

Where exigent circumstances exist, and an authorized officer or city official gives notice to a permittee to temporarily move from a location, such permittee shall comply with the notice. Exigent circumstances shall include, but not be limited to unusually heavy pedestrian or vehicular traffic, existence of any obstructions in the public space at or near such a location, an accident, fire, an emergency situation, private or public construction projects at or near such locations, or a parade, demonstration, or other such event or occurrence at or near such location. Such findings by the zoning administrator may be made upon unanticipated or after-discovered factors or conditions, which became obvious only after operation of a sidewalk café. If such a limitation or suspension shall continue for a period in excess of thirty (30) days, or should a permit be so cancelled, the permittee shall be entitled to refund of a pro rata share of the annual fee.

The permittee shall post the original sidewalk café permit, and any conditions that have been imposed upon such permit, on the premises of the sidewalk café.

The number of people permitted at any time within the sidewalk café area shall be limited to the number of seats authorized in the sidewalk café permit. The purpose of this ordinance is to provide a setting for sidewalk dining. Nothing in this ordinance shall be construed so as to allow festivals or parties on any public property within the overlay district the sidewalk café area.

10.

The holder of the sidewalk café permit shall keep the sidewalk within the sidewalk café area and the adjacent public areas clean and free of spilled food, beverages and/or other debris at all times. The sidewalk café permit holder shall provide proper controls for insects, vermin and other animals that may be attracted by the operation of the sidewalk café.

Alcoholic beverage service—Requirements.

If alcoholic beverages are served at the sidewalk café, the operator must be validly licensed under all applicable laws for such sales.

Alcoholic beverages supplied by the customer or by any other person other than the permittee shall not be allowed at a sidewalk café.

No alcoholic beverages may be stored or mixed in the sidewalk café area.

No person shall remove alcoholic beverages from the sidewalk café and the retail food establishment for which that sidewalk café permit has been issued. In no event may any person transport alcoholic beverages from one (1) sidewalk café area to another, or onto or across any streets within the overlay district.

Alcoholic beverages may not be served in a sidewalk café area unless served in conjunction with the service of food to the same individual to whom the alcoholic beverage has been served.

The number of alcoholic beverages permitted to be served at any time within the sidewalk café area shall be limited to the number of seats authorized in the sidewalk café permit.

Notwithstanding the operating hours for the sidewalk café specific hereinabove, alcoholic beverages may not be served before the hour of 3:00 p.m.

Alcoholic beverage service in the sidewalk café area must be suspended during any time that a street dance, street festival or other permitted public gathering is taking place within the boundaries of the overlay district.

Violation of this section by a customer, permittee, guest or trespasser shall constitute a violation of section 3-2, Drinking in Public Places, City of North Charleston Code of Ordinances.

(e)

Buffers, density, and setbacks: Excepting the Garco Park planned development district (which shall be subject to the PDD's specified buffers and setbacks), there shall be no buffer, minimum lot area per dwelling unit, or setback requirements for new or existing construction, including dumpsters and accessory buildings. Buildings constructed within ten feet of the parcel line shall require a firewall meeting the standards of the current edition of the city's building code, except where abutting right-of-way.

(f)

Height restrictions: All buildings shall have a minimum height equivalent to a two-story building and a maximum of three stories. (Rooftop mechanical equipment and screening are subject to the maximum height limit.) Rooftop decks are not considered a story for the purpose of height and, for buildings on lots with frontage on East Montague Avenue, any shade structures on the deck must be located in the back half of the property. Within the Garco Park planned development district, the PDD and/or ARB shall control for height.

(g)

Building material: No building elevation constructed of unadorned concrete masonry units or corrugated and/or sheet metal shall be made visible from any public or private right-of-way, nor from any neighboring parcel. Construction shall utilize siding of brick, wood, or stucco, and blend in with the existing character of the Old Village. Siding materials shall not be "mixed" (i.e. one face or portion of a face covered in one siding with other portions of the building finished in another type of siding) unless the structure featured mixed siding prior to the effective date of this ordinance. When siding is replaced it shall be replaced with siding of the same type and of similar dimensions to the extent reasonably possible. Within the Garco Park planned development district, the PDD and/or ARB shall control for acceptable materials.

(h)

Building orientation. Structures shall be oriented toward the street and feature a well-defined entrance. Buildings with frontage on East Montague shall have a storefront and windows at the street level. Within the Garco Park planned development district, the PDD and/or ARB shall control.

(i)

Signage. No monument or poles signs are permitted. Within the Garco Park planned development district, the PDD and/or ARB shall control.

(Ord. No. 2009-36, 8-27-09; Ord. No. 2023-003, Exh. A, 1-26-2023)

Section 5-17. - West Ashley Overlay District:

(a)

Boundaries. The West Ashley Overlay District shall include all parcels in the City of North Charleston that are located on lands west of the Ashley River.

(b)

Vision and intent. It is the goal of the West Ashley Overlay District in the City of North Charleston to preserve and engage the significant natural and historic features of the district in a way that meshes harmoniously with the surrounding landscapes along the road and the Ashley River and to ensure that the impacts of economic development do not negatively affect the feel of a seamless corridor along the entirety of Ashley River Road, despite its multiple jurisdictional controls, by providing meaningful traffic and stormwater impact mitigation, extensive corridor buffering, a high degree of multi-modal connectivity, and signage and curb-cut controls along the corridors.

(c)

Required highway buffers and screening.

Highway visual buffer (HVB). An uninterrupted 200-foot depth vegetative buffer shall be required along all frontage property lines for rights-of-way of SC-61 (Ashley River Road) and SC-165 (Delemar Highway), except where curb cuts are expressly provided under this section.

Where suitably opaque and continuous, undisturbed natural vegetation may satisfy this requirement provided the natural vegetative, opaque buffer exceeds fifteen (15) feet in height and has a minimum depth of fifty (50) feet; if the existing vegetation does not provide opacity to a height of fifteen (15) feet within the front fifty (50) feet of the buffer area, then additional plantings shall be required.

The vegetative highway buffers shall be opaque and, when it is determined by the zoning administrator that the natural vegetation does not meet the intended opacity requirements of this ordinance, then the buffer shall include, at a minimum, the following per one hundred (100) linear feet of frontage in order to achieve opacity at the time of plantings:

• Twenty-four (24) canopy trees (two and one-half (2½) inch diameter breast height minimum); and

• Twenty (20) understory trees (six-foot height minimum), of which fifty (50) per cent shall be evergreen; and

• Forty (40) shrubs, (three (3) gallons minimum); shrubs, when required, shall be planted within the first fifteen (15) feet of the buffer area closest to the highway right-of-way or within ten (10) feet of the Ashley River Road Trail System.

Existing vegetation over four (4) inches in diameter breast height and found on the city's approved plant list shall count as one for one reduction to the planting requirements listed above.

The opaque nature of the highway buffer shall be maintained in perpetuity; if it is determined by the zoning administrator that for any reason the highway buffer is no longer opaque, then it shall be the property owner's duty to provide plantings that are sufficient to re-establish the opacity of the highway buffer area.

High intensity commercial node (HICN) buffer. The HICN consists of a quarter (¼) mile radius from the intersection of the centerlines of Ashley River Road and Delemar Highway, also known as Cooks Crossroads. Rather than the normal 200-foot highway buffer required in Section (c)1. above, the vegetative highways buffer for areas within the HICN, shall at a minimum, have a 50-foot depth and include the following per hundred (100) feet of frontage in addition to retaining all-natural vegetation six (6) inches DBH and greater, excluding invasive-species vegetation:

• Six (6) canopy trees (two and one-half (2½) inches diameter breast height minimum); and

• Forty (40) shrubs (three (3) gallon minimum)

Under-brushing of vegetation up to six (6) inches DBH shall be permitted on parcels on the high intensity commercial node.

For all buffers required by this ordinance, buffer tree plantings shall be on the city's approved plant list.

Permitted uses within the highway visual buffer (HVB) and high intensity commercial node (HICN) buffer:

Perpendicular access drives—No wider than sixty (60) feet, unless a greater width is required by a regulatory agency, and as the access drive is perpendicular to the highway

Hiker/biker (shared use) trails—Twelve (12) feet in width should meander through the buffer; the trails may not be located within the first fifteen (15) feet of the buffer, closest to the highway except within thirty (30) feet on either side of a perpendicular access drive. (Within the West Ashley Overlay District, the hiker/biker trail shall only be required for developments along the west side of Highway 61 and the east side of Highway 165 and shall replace the requirement to build sidewalks along the frontage of the property, as stipulated in Section 18-52. Properties located within the HICN shall be required to provide sidewalks if the trail will not cross their property. In the HICN, the trail may satisfy some of the requirements of section 18-52.) Properties located on the east side of Highway 61 and the west side of Highway 165 must construct an eight-foot sidewalk adjacent to their access drive through the HVB when connecting to a crosswalk that safely crosses the highway and connects to the Ashley River Road Trail System (see (c)3.b.) Properties on the north or east side of the highway shall request and construct a crosswalk to the trail system; if the highway crossing is not approved, a payment in lieu for both the eight-foot sidewalk and the crosswalk will be put into a fund to provide an eventual crossing on a connected property, with any future payments going towards trail maintenance.

Lawful silvaculture, horticulture, pastures, and row crops such that a 50-foot undisturbed and opaque vegetative buffer is maintained between the use and the highway right-of-way; if the existing natural vegetation does not achieve the required opacity, then plantings following section (c)1.a. shall be required.

Underground utilities, provided they are buried and bored so that the buffer is undisturbed.

Freestanding signs and approved trail furniture (informational kiosks, benches, workout stations, bicycle racks, trash cans, and recycling bins). No other structures are permitted within the buffer areas.

Commercial front buffers. For all other commercial properties within the Ashley River Road Corridor, a front buffer of fifteen (15) feet along all other rights-of-way, both public and private, shall be provided. This buffer is intended for aesthetic, rather than screening, purposes. The buffer shall contain the following minimum ornamental plantings per one hundred (100) linear feet of frontage:

• Three (3) canopy trees two and one-half (2½) inches caliper minimum.

• Three (3) understory trees six (6)—eight (8) feet height minimum.

• Twenty-five (25) shrubs, three (3) gallon minimum.

Commercial side and rear buffers. Side and rear buffers shall be provided per City of North Charleston standards, including section 6-12 of the Zoning Ordinance.

Mitigation for buffer disturbances:

Unpermitted removal of buffer materials shall result in inch for inch replacement with a species of like kind or with a species from the approved plant list and payment into the city's tree bank at the prevailing rate.

Developments in conformance with the curb cut requirements of this ordinance shall not be required to mitigate for tree removals, other than grand trees, within perpendicular access drives except when it is determined during site plan review that a reasonable accommodation can be made for the retention of the tree.

Removal of trees of greater than ten (10) inches diameter breast height for the siting of the hiker/biker trail shall result in inch for inch replacement with a species of like kind or a species from the approved plant list.

(d)

Wetland buffers.

Applicability. Properties within the overlay district shall be subject to section 6-17 of the Zoning Ordinance.

(e)

Curb cuts and traffic standards.

Curb cuts. Limiting curb cuts throughout the West Ashley Overlay District shall reduce the visual impact of development within the district and provide a rural and environmentally sensitive, low impact design for the corridors in the district:

Along the highway corridors, access shall be limited to twenty-four (24) feet of curb cut per three hundred (300) feet of frontage, with a maximum curb cut of sixty (60) feet

Parcels created with less than three hundred (300) feet of frontage shall be required to create shared access easements with adjacent parcels, and existing parcels with less than three hundred (300) feet of frontage shall be required to request a shared access with the adjacent properties. If the owner of the adjacent parcel does not agree to share access, the applicant shall provide one (1) of the following to the planning and zoning department:

A letter from the adjacent properties owner(s) denying access; or

ii.

If the adjacent properties owner(s) refuse(s) to provide a letter, an affidavit that documents attempts that the applicant made to request shared access and that the neighboring properties owner(s) refused to provide a letter, together with exhibits evidencing the same.

All curb cuts shall be a minimum of three hundred (300) feet from an intersecting roadway, except when there is an existing developed parcel whose curb cut does not meet the standard, where parcels are located in the HICN, or where a different distance is required by a regulatory agency.

The curb cut is only permitted after a recorded agreement or recorded easement plat, filed with the planning and zoning department, that states the property owner will allow adjacent properties to share access when developed, redeveloped, or when rezoned, and

ii.

Where possible, access should be located along the common property boundary.

Traffic standards.

Backage roads. Backage roads shall be provided to create access to parcels along the highway corridors in the district. A backage road is defined as a reverse frontage road that runs behind development along a highway instead of in between the highway and the development providing the access from the highway to the development. Backage roads shall be built to city standards and shall run parallel to the highway corridors in the West Ashley Overlay District. Backage roads shall be sited along the rear of commercial developments that front along the highway corridors; and no more than one thousand two hundred (1,200) feet from the highway R/W. They shall also be encouraged to replace any curb cuts along the highways.

Road connectivity. All new developments shall be required to provide interior connectivity to adjacent properties; backage roads may be utilized to form connectivity between properties. All residential developments shall provide more points of access than dead ends, and future developments shall be required to utilize access points that were created by previous adjacent developments.

Traffic analysis. A traffic impact analysis shall be required in all instances in which the proposed development area exceeds five (5) acres or if the proposed development includes one (1) or more of the following:

Twenty-five (25) or more dwelling units;

ii.

One (1) or more drive through service windows;

iii.

Four (4) or more fuel dispensing units;

iv.

More than ten thousand (10,000) square feet of floor area;

Requires a modification of the curb cut requirements;

vi.

A restaurant with more than (4,000) square feet of gross floor area;

vii.

Any business which will produce primarily truck (three (3) axles or more) traffic; or

viii.

Where the number of peak hour vehicle trips is projected to exceed 100 per the latest edition of the Institute of Transportation Engineers Trip Generation Manual.

Such traffic impact analysis shall be required by the city and paid for by the applicant; the TIA shall include estimations of the incremental effect the development will have on corridor congestion, mobility, and accessibility. A compensatory mitigation shall be provided to the city to maintain in an interest earning bank account until the city has collected the necessary funds to fulfill the mitigation needs and/or the Level of Service (LoS) reaches a failing condition and the city wishes to act despite not having accrued all of the necessary funds in the account. Traffic impact studies shall be provided to the city for review simultaneous with submission of the preliminary site plan and/or plat for consideration.

Multi-modal access. Bike and pedestrian access shall connect the main entrance to the development with the adjacent parcels via an eight-foot wide, grade-separated pathway, or the Ashley River Road Trail System, where applicable.

(f)

Ashley River Road Trail System. All new developments with frontage along the west side of Highway 61 or the east side of Highway 165 and on the east side of any future state or federal highway within the West Ashley Overlay District (whether added through annexation or construction) shall provide a continuous hiker/biker (shared use) path that connects along the Highway Visual Buffer at the edges of the development. This section supersedes section 18-52 of the Subdivision Ordinance.

The trail shall be twelve (12) feet wide, and meander through the 200-foot Highway Visual Buffer; the trail shall not be closer than fifteen (15) feet to the highway, except where within thirty (30) feet on either side of a perpendicular access drive or within the HICN,

• A master development plan which provides the specified trail and the specified connection points at the edges of the development may choose to bring the trail through the development as opposed to maintaining it within the Highway Visual Buffer,

The trail shall be constructed of a pervious ADA compliant surface,

Signage shall conform to the trail wayfinding and signage in subsection (g) below.

All commercial developments along the trail shall orient a public access toward the trail and provide connection from the trail to the main entrance of the development via a sidewalk of no less than eight (8) feet in width.

The maintenance of the trail including maintaining the surface, upkeep of all signage related to the trail, and landscaping shall be provided by the POA/HOA for the development.

(g)

Signs: In addition to the city's normal sign code, the following special regulations shall apply:

Freestanding signs: Must be "monument," "pedestal" or "gateway style entrance sign pair" in design, not to exceed forty (40) square feet per sign face and eight (8) feet in height of the sign structure. One (1) sign or "gateway style entrance sign pair" shall be permitted per major road frontage.

Shopping center freestanding signs: A shopping center may erect one (1) shared "monument" or "pedestal" freestanding sign per center and shall be a maximum of ten (10) feet tall with a maximum total sign face of sixty (60) square feet per side.

Illumination of freestanding signs:

Internal illumination and uplighting will not be permitted in the district,

ii.

All illumination shall be designed to minimize glare into neighboring properties and rights-of-way,

iii.

Signs shall be of matte finish with non-reflective letters and/or backgrounds, except for wayfinding signage,

iv.

Light source shall not exceed twenty (20) foot-candles at any point on the sign face and shall be reduced by fifty (50) per cent outside of hours of operation,

No flashing or moving or electronic display signs will be permitted.

Signs shall be fabricated of materials limited to brick, wood, concrete, stone or other non-reflective materials.

District signage: Signs for gateways, wayfinding, and trail signage shall be uniform throughout the district and design specifications shall be coordinated with the city.

Prohibited signs: Off-premises signs, portable signs, and temporary signs shall be prohibited within the corridor.

(h)

Design standards:

Prohibited materials.

No building elevations shall be constructed with finishes of:

Unadorned concrete masonry units,

ii.

Corrugated and/or sheet metal,

iii.

Highly reflective or mirror-like materials, or

iv.

Vinyl siding; except where development is located within a designated industrial park and no development within the industrial park is visible from any right-of-way outside that park.

Chain link fences shall not be permitted in view of public or private rights-of-way.

Building height.

Single-family detached residential max—Thirty-five (35) feet,

All other uses—Forty-five (45) feet, and

Within the HICN shall be afforded a ten-foot height bonus.

Buildings and developments within the HICN are encouraged to follow the design parameters expressed in Standing at the Crossroads—Designing a Gateway for the Future, a design manual adopted by Dorchester County in 2019 (Ordinance # 19-09) for the properties surrounding Cooks Crossroads. Conformance to these guidelines shall ensure that the gateway to the West Ashley Overlay District is complementary and sympathetic to the historic character and natural beauty of the district while providing a cohesive front porch from which to spread that charm.

Required screening:

Utilities and lighting.

Utility lines. All utility lines such as electric, telephone, cable TV, or other similar lines serving individual sites as well as all utility lines necessary within the property shall be placed underground using the boring method to minimize the removal of vegetation. All junction and access boxes shall be screened with sufficient vegetation so as to completely obscure it from view. All utility pad features and meters should be shown on the site plan.

Lighting.

Artificial lighting for any use other than the illumination of signs (found in subsection (g)1.b.) within any buffer area shall be limited to a maximum lighting impact of one (1) candle foot and include full cutoff protective shields, except for the safe lighting of the trail system which will require two-foot-candle illumination with full cut-off protective shields

ii.

Street lighting within residential areas shall not exceed twelve (12) feet in height, eighteen (18) feet in commercial areas, and twenty-four (24) feet when located in a designated industrial park. All lighting shall include full cutoff protective shields.

Lot requirements.

Residential requirements.

Minimum lot size:

Single family detached dwellings: twelve thousand (12,000) square feet of high ground (federally designated wetlands shall not be counted to meet this minimum lot requirement) per dwelling.

ii.

Multi-family dwellings: six thousand (6,000) square feet of high ground (federally designated wetlands shall not be counted to meet this minimum lot requirement) per dwelling.

Minimum setbacks: Front—Twenty-five (25) feet, Side—Ten (10) feet, and Rear—Twenty (20) feet.

Minimum lot width (at the building line): Sixty (60) feet.

Minimum street frontage: Thirty (30) feet.

Maximum impervious surface coverage (includes all land that is covered by water-resistant materials, such as asphalt, concrete, brick, stone, rooftops (green roofs would be excluded), etc.: Thirty (30) per cent.

Clustering of lots is encouraged, however federally designated wetlands cannot count towards net density calculations.

Clustered lot developments. The goal of clustered lot developments is to minimize the impacts of residential developments on the environmentally and historically significant lands and waters in the West Ashley Overlay District by allowing smaller lots in exchange for the dedicated conservation of offsetting tracts of land, including a dedicated wetland buffer.

Minimum lot size:

Cluster Lot Area Table
R-1		R-2
% of Developable Land* Placed in Conservation Easement	Minimum Lot Size** (square feet)	% of Developable Land* Placed in Conservation Easement	Minimum Lot Size** (square feet)
0	12,000	0	6,000
10	10,000	10	4,800
20	8,000	20	3,600
30	6,000	30	2,400
40+	4,000	40+	1,200
* Can be scaled to any amount between 0 and 40%; these are benchmarks.
** Minimum lot size calculations must exclude all federally designated wetlands.

The minimum land area to dedicate for conservation in order to create a cluster development is five (5) acres. A conservation easement shall be placed over highland areas preserved by clustering and recorded subsequently with the lots.

Minimum setbacks: Front—Twenty (20) feet, Side—Five (5) feet, and Rear—Ten (10) feet;

Minimum lot width (at the building line): Fifty (50) feet;

Minimum street frontage: Thirty (30) feet;

Maximum impervious surface coverage: Sixty (60) percent; and

The lot requirements of this section supersede those found in section 18-40 of the Subdivision Regulations.

Open space requirements. All residential development shall provide a minimum fifteen (15) per cent active open space calculated from total net acreage (total acreage minus wetland area) in addition to the requirements of section 6-15 of the Zoning Ordinance. Areas used for stormwater ponds, landscaped buffers, and wetland buffers do not count toward the minimum requirement of active open space. Open space shall be perpetually preserved by means of open space easements and/or open space dedication statements on recorded plats. Active open space shall include neighborhood parks, playgrounds and other active recreational uses, including the required trail on the west and south side of Ashley River Road. The fifteen (15) per cent active open space requirement may be waived if the development is adjacent to a public park; however, a fifteen (15) per cent open space (whether active or passive) must still be provided within the development.

Pre-application review requirements. Prior to the submission of development or subdivision plans for review by the city, the city will require the developer to submit a concept plan and an archaeological survey.

The concept plan shall include, where applicable:

The name of the proposed development, if known;

ii.

A general description of the proposed development including the types of proposed uses, the approximate areas and locations of proposed classes of uses;

iii.

iv.

A map showing the location and boundaries of the proposal which includes preliminary wetland delineations, locations of proposed uses, and locations of any historically significant findings from the archaeological study.

The archaeological study—Any work that will result in ground-disturbing activities in the West Ashley Overlay District requires the examination of the project's archaeological context through a reconnaissance-level survey, and may result in requirements for additional archaeological investigations depending on the results of the survey.

All historically significant findings shall be mapped and provided with a report;

ii.

All locations where historically significant artifacts or features are found and not intended to be relocated, they shall be delineated and provided with a 25-foot undisturbed buffer. Where relocation of the artifacts or features is unavoidable, they may be relocated in consultation with and the consent of the State Historic Preservation Office. In cases where the historic feature is a cemetery, a foot path leading through the buffer to the site shall be permissible; and

iii.

All survey findings shall be submitted to the State Historic Preservation Office (SHPO) for review and recordation.

(i)

Variance and appeals.

Variances and appeals shall be handled through the board of zoning appeals as provided within article VII of the Zoning Ordinance of the City of North Charleston. Proposals for planned development (PD) districts within the West Ashley Overlay District which provide less stringent regulation than the articles within the West Ashley Overlay District ordinance shall be highly disfavored.

Where the requirements of this overlay district conflict with the requirements, conditions, or permits of other regulatory agencies, the zoning administrator may (but shall not be required to) administratively permit a reasonable modification without the necessity of a variance being obtained.

(j)

Severability. If any subsection or clause of this section shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

(Ord. No. 2020-059, Exh. A, 11-19-2020; Ord. No. 2021-008, § (1), 2-5-2021)

Section 5-18. - Rivers Avenue South overlay district:

Purpose: The Rivers Avenue South overlay district is intended provide a framework for cohesive development design, safe multi-modal access, and walkable environment. The Rivers Avenue South overlay district shall supersede other zoning regulations where in conflict.

District boundaries:

The overlay district shall consist of all parcels of land having frontage along Rivers Avenue as shown on the attached map.

Any subsequent plat which combines a parcel within the overlay with a parcel currently outside the overlay and has frontage along Rivers Avenue shall increase the boundary of the overlay by including the area that was outside the overlay prior to the plat.

Any subsequent plat which subdivides a parcel in the overlay and creates a parcel that no longer has frontage along the corridor's main roads shall not have the effect of removing the new parcel from the district boundaries.

Uses: As an overlay district, permitted uses shall be those of the underlying zoning district classification, as modified herein.

Prohibited uses: The following prohibited uses may not be located within the Rivers Avenue South overlay district, except at sites fronting Rivers Avenue lawfully occupied by these uses at the time of the passing of this ordinance:

Open storage and yard sales, except seasonal sales involving Christmas trees and retail sales;

Storage facilities as a primary use;

Freight terminals, depots and drop yards, and container storage and stacking; and

Highway-oriented uses, including gas stations and related convenience stores, auto repair and parts stores and establishments, tire retreading establishments, paint and body shops; car and truck rentals; establishments selling used and new cars, motorcycles, boats, trailers, recreational vehicles, manufactured homes, and farm and industrial equipment; and car washes.

Conditional uses:

Structured parking as a primary use provided that:

Ground floor uses: Parking structures must have at least seventy-five (75) percent of the ground floor frontage along any street or designated pedestrian way consisting of active business uses other than parking, such as offices, retailing, services and entertainment.

ii.

There are no blank facades in excess of fifteen (15) feet in length.

Windows and doors shall serve as break points for a façade.

Unbroken facades in excess of fifteen (15) feet shall be adorned with vegetative growth (vertical gardens or green walls must remain green throughout the year).

Structured parking facilities are required to have flat levels which would allow for the structure to be repurposed if the parking use were no longer desired.

Surface parking may be used as a primary use on properties that are contiguous or within three hundred (300) feet of a transit stop.

Signage: In addition to the city's existing sign code, the following special regulations shall apply to new signs:

Freestanding signs: Must be "monument" or "pedestal" in design, not to exceed fifty (50) square feet per sign face and ten (10) feet in height. One (1) sign per major road frontage.

(a)

Shopping center freestanding signs: A shopping center may erect one (1) "monument" or "pedestal" freestanding sign per street frontage, provided the street has a right-of-way width of greater than eighty (80) feet, subject to a limit of two (2) signs per center. One (1) square foot of freestanding signage will be permitted per each linear foot of shopping center building frontage, up to a maximum of one hundred fifty (150) square feet per sign.

(b)

Illumination of freestanding signs: Internally illuminated, flashing, and/or moving signs shall not be permitted within the overlay district. External illumination shall be full cut-off and fully shielded fixtures.

ii.

Wall signs and window signs (commercial): One (1) square foot of wall and window signage combined will be permitted per each linear foot of building frontage, along the entirety of the building's orientation, up to and not exceeding fifteen (15) per cent of the area of the building façade on which the sign is to be displayed. Window signage shall not exceed twenty-five (25) per cent of the window area.

iii.

Materials of signs: Exterior signs shall be fabricated of solid materials such as brick, wood, or concrete or metal.

iv.

Prohibited signs: Off-premises signs, portable signs, and temporary signs shall be prohibited within the corridor. Nothing in this section shall be construed to prevent the on-premises display of a for-sale sign not to exceed eight (8) square feet in residential areas and thirty-two (32) square feet in commercial areas.

The following standards shall apply to new construction or expansion of existing buildings by twenty (20) per cent or more:

Required buffers:

Front buffers: As the overlay intends to create a pedestrian-oriented environment, a ten-foot activity zone will be required in lieu of a front landscaped buffer. See section 5-18.E.4.ii.b for activity zone standards. Improvements not meeting the threshold specified in 5-18 E. shall provide a Type A buffer in accordance with Section 6-12 or the applicable overlay district.

ii.

Side and rear buffers:

(a)

Developments in the overlay district that abut single-family residential uses shall maintain a Type B buffer along the boundary with the single-family residential use, however an opaque eight-foot wall or fence may be substituted for the Type B buffer.

(b)

Fences and walls which face adjacent commercial properties or can be seen from the right-of-way: Façades in excess of fifteen (15) feet in length shall be adorned with either vegetative growth (vertical gardens or green walls must remain green throughout the year), decorative elements, or artistic murals, so long as the mural is not a sign or advertisement.

Required screening:

Loading zones: Loading areas shall not be oriented to the front elevation and/or adjacent right-of-way. Additionally, no loading docks or zones shall be oriented towards single-family residentially developed properties, or planned future public or private rights-of-way. Loading areas oriented toward adjoining developed properties, or toward adjoining properties eligible for future development shall be entirely screened from view by the use of solid fencing or appropriate landscaping.

ii.

Parking: Off-street parking areas shall not be located between the structure and Rivers Avenue.

iii.

Mechanical equipment: Mechanical equipment, whether ground level, raised, or rooftop shall be shielded and screened from public view.

iv.

New drive-thrus shall be out of the viewshed from the public right-of-way; and vehicle queuing and circulation shall not impact the pedestrian realm.

Building materials:

Prohibited materials:

Unadorned masonry units—Unadorned masonry units are not permitted to be visible from existing and planned future public or private rights-of-way.

Corrugated and/or sheet metals—Corrugated and/or sheet metals are not allowed for any facade oriented towards a street frontage and in no manner shall such materials be visible from existing and planned future public or private rights-of-way; this shall not prohibit the use of architectural metal cladding to be included into the overall building composition.

Chain link fencing—Chain link fencing is only allowed on property occupied by single-family residential development.

Paint and/or similar finish shall not be considered adornment.

Mesh or tarp—Mesh or tarp is prohibited as a material to use for screening.

Building massing and orientation:

Primary entry. The primary entry must be from Rivers Avenue with display windows on all street facades for retail buildings. Second floor and above, with a separate entrance from the first floor, shall have primary entrance from Rivers Avenue, when feasible. Buildings, businesses, and residences facing side streets should have entrances from the side. Secondary entrances from the rear of a store are permitted; however, this area may not be designed to the same scale as the primary entry.

ii.

Front setbacks. New development or improvements to existing development that meet the thresholds stated in section 5-18.E, and with direct frontage on Rivers Avenue, shall be built ten (10) feet from the Rivers Avenue right-of-way to provide an activity zone, which is a space between the building and the right-of-way used for gathering and/or pedestrian circulation.

Buildings may increase the standard ten-foot build-to-line up to one-fifth (⅕) of the proposed building height, up to forty (40) feet (for example: a proposal for a one hundred (100) foot tall building could have a setback ranging from ten (10) to twenty (20) feet) provided the front area between the right-of-way and building is used as an activity zone for pedestrian activity.

An activity zone shall be considered an open space for pedestrian activities which, shall include landscaping, public art, tables, seating, bike racks, or other pedestrian and active amenities.

Allowable activities in the activity zone are limited to the following:

aa.

Open air streetside dining,

bb.

Outdoor merchandise display that is consistent with the business it is located in front of

cc.

Pushcarts.

ii.

A hardscape and softscape plan of activities within the activity zone shall be submitted with the development plan and based on the proposed uses along the street frontage and/or the cohesive expansion of the activity zone based on the previous redevelopment of adjacent properties in the overlay district.

iii.

Activities within the activity zone shall be permitted to use up to eight (8) feet; leaving a two-foot open area between the right-of-way and the activity.

All new development or improvements to existing development that meet the thresholds stated in section 5-18.E, and with direct frontage on Rivers Avenue, shall result in, at minimum, a two-story structure; only above grade stories and functional stories count towards this minimum; ornamental stories and below grade stories are allowed, but they cannot be used to meet this requirement.

In developments with multiple uses, the more active uses, based on parking requirements, should be oriented toward the pedestrian realm, and clearly defined and visible walkways or courtyards shall link the building entrances to and through the activity zone and into the pedestrian realm of the right-of-way.

Developments with nine (9) or more residential units shall be required to include street level retail/commercial uses occupying at least fifty (50) per cent of the street frontage. Uses open to the public with entrances along Rivers Avenue, including but not limited to leasing offices, live/work units, and fitness centers, may count towards the street-level commercial uses.

No blank wall shall be permitted to face the public street, sidewalks, or other public spaces, such as plazas; canopies; decks; railings and other architectural features are to be used; signs are excluded from this feature.

Lot requirements: The minimum lot area per dwelling unit shall be one thousand two hundred (1,200) square feet and may be waived if twenty (20) per cent of the dwelling units for the proposed development are dedicated for affordable housing at or below eighty (80) per cent of the area median income (AMI) for a period of twenty (20) years.

10.

Parking standards:

General: No permit for the construction, reconstruction, extension, repair, or alteration of any building, structure, or use of land and no building or land or any part of any building or land, may be occupied or used until compliant parking has been provided in accordance with the requirements of the City of North Charleston's Code of Ordinances.

Where multiple primary uses are proposed for a development, as determined by the zoning administrator, the automobile parking requirements may be reduced by as much as ten (10) per cent.

Parking agreements and shared parking: Off-street parking requirements may be met on-site or the requirements may be met using a shared parking agreement or through a leasing contract with a structured parking facility.

Shared parking:

A shared parking agreement must be approved by the zoning administrator upon finding that execution of the agreement will achieve efficiency of land use, coordination between the users will not result in conflict or shortage of parking for either party, and safe pedestrian circulation has been addressed through proper access walkways.

ii.

The parcel that has the shared parking spaces must be located within five hundred (500) feet of the parcel on the same side of the street where the user, contracting for the parking is located.

iii.

An agreement providing for the shared use of parking areas, executed by the parties involved, must be filed with the zoning administrator, in a form approved by the city attorney. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. Evidence of an agreement is required that includes acknowledgement of termination of use should parking rights lapse.

iv.

The minimum term for a shared parking agreement shall be ten (10) years. The parking agreement shall require that both parties to the parking agreement shall notify the city at least thirty (30) days prior to termination.

Parking agreements: Off-street parking requirements may also be satisfied with a parking lease with a structured parking facility provided that:

The parking facility must be on a parcel with a boundary within five hundred (500) feet of the parcel where the user with a parking need is located.

ii.

Leased spaces in the parking facility must be clearly marked so that the general public would know not to park in the spaces if they were vacant.

iii.

Leased spaces may not be shared by any other user at any time or contracted to any other entity for times when the lessee will not use the spaces.

iv.

Parking space lease agreements must be for a minimum term often ten (10) years.

Curb cuts: Curb cuts provide necessary access from the street right-of-way, across the pedestrian realm, into the interior of lot where vehicles can be parked. In congested areas where curb cuts have not been regulated, the street environment is often dangerous and unwelcoming to pedestrians and other non-motorized forms of transportation. The purpose of this section is to maintain the critical vehicular access to properties along the Rivers Avenue South overlay district while also limiting those vehicular turning and crossing movements within the activity zone and the pedestrian realm so as to create a safer and more accessible street environment for all users regardless of ability, age, mode of transportation, or otherwise.

Creation of rear alleys for vehicular access should be encouraged where possible.

Parcels with greater than five hundred (500) feet of street frontage on Rivers Avenue may have two (2) curb cuts into the property, separated by a minimum of 100 feet between the curb cuts.

Curb cuts shall have a maximum width of thirty (30) feet and have clearly defined markings where they intersect the pedestrian realm.

Curb cuts of less than five (5) feet in width shall be permitted as passive solutions for stormwater runoff collection.

Curb cuts must be set at least seventy-five (75) feet from the edge of pavement of any street intersections. These minimum spacing requirements shall be increased if a right-turn deceleration lane is required and shall equal the length of the turn lane and taper plus an additional distance of fifty (50) feet.

11.

Utilities: All utilities, including, but not limited to electric utilities, telecommunications, fiber, or cable providers, shall be placed underground. All junction and access boxes shall be screened with sufficient evergreen vegetation so as to obscure them from view. All small wireless facilities shall utilize concealment elements, and disguised as a hardscaped or softscaped amenity, such as benches; flower boxes, or decorative poles when located in the activity zone or in the Rivers Avenue right-of-way. All utility pad features and meters shall be shown on the site plan and are subject to building setbacks.

12.

Sidewalks: The Rivers Avenue South overlay district shall require sidewalks along both sides of all rights-of-way.

Sidewalks shall be a minimum of twelve (12) feet in width along Rivers Avenue.

Clear markings on the sidewalk shall indicate all curb cuts; these markings shall provide both visual and physical cues to the pedestrians.

Walkways a minimum of five (5) feet wide shall connect building entrances to the sidewalks in the public right-of-way.

The private use of public sidewalks is prohibited.

These requirements shall supersede section 18-52 of the subdivision regulations.

Variance and appeals: Variances and appeals shall be handled through the board of zoning appeals as provided within chapter 7 of the zoning ordinance of the City of North Charleston. Where the requirements of this overlay district conflict with the requirements, conditions, or permits of other regulatory agencies, the zoning administrator may (but shall not be required to) administratively permit a reasonable modification without the necessity of a variance being obtained.

Severability: If any subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

(Ord. No. 2021-035, Exh. A, 4-22-2021; Ord. No. 2022-061, Exh. A, 11-22-2022; Ord. No. 2023-053, Exh. A, 10-26-2023)

Section 5-19. - Upper 52-78 overlay district:

Purpose: The Upper 52-78 overlay district is intended provide a framework for cohesive development design, safe multi-modal access, and walkable environment.

District boundaries:

The overlay district shall consist of all parcels of land having frontage along Rivers Avenue or University Boulevard as shown on the attached map.

Any subsequent plat which combines a parcel within the overlay with a parcel currently outside the overlay and has frontage along Rivers Avenue or University Boulevard shall increase the boundary of the overlay by including the area that was outside the overlay prior to the plat.

The Upper 52-78 overlay district overlaps both the University Boulevard overlay district and the Ladson Road overlay district; both districts shall be valid, however the Upper 52-78 district shall supersede other zoning regulations, including other overlay districts where in conflict.

Uses: As an overlay district, permitted uses shall be those of the underlying zoning district classification, as modified herein.

Prohibited uses: The following prohibited uses may not be located within the Upper 52-78 overlay district, except at sites located within the overlay district that were lawfully occupied by these uses at the time of the passing of this ordinance:

Open storage and yard sales, except seasonal sales involving Christmas trees and retail sales;

Storage facilities as a primary use;

Freight terminals, depots and drop yards; and container storage and stacking; and,

Used car and boat sales lots.

Conditional uses:

Structured parking as a primary use provided that:

Ground floor uses: Parking structures must have at least seventy-five (75) per cent of the ground floor frontage along any street or designated pedestrian way consisting of active business uses other than parking, such as offices, retailing, services and entertainment.

ii.

There are no blank facades in excess of fifteen (15) feet in length.

Windows and doors shall serve as break points for a façade.

Unbroken facades in excess of fifteen (15) feet shall be adorned with vegetative growth (vertical gardens or green walls must remain green throughout the year).

Structured parking facilities are required to have flat levels which would allow for the structure to be repurposed if the parking use were no longer desired.

Surface parking may be used as a primary use on properties that are contiguous or within three hundred (300) feet of a transit stop.

Gas stations and related convenience stores including a one-bay car wash, provided that:

The property is not within the University Boulevard overlay district;

ii.

Conditions required in the underlying zoning are met;

iii.

The building is located between the pumps and the corridor's main road(s);

iv.

Neither overnight nor truck parking is allowed; and

Vehicle repair is not allowed.

Used auto parts sales, including used tire sales provided that;

Outdoor storage of tires or parts shall not be visible from the right-of-way between 7:00 p.m. and 7:00 a.m.

Signage: In addition to the city's existing sign code, the following special regulations shall apply to new signs:

Freestanding signs: Must be "monument" or "pedestal" in design, not to exceed fifty (50) square feet per sign face and ten (10) feet in height from the ground to the bottom of the sign face. One (1) sign per major road frontage.

(a)

(b)

ii.

iii.

Materials of signs: Exterior signs shall be fabricated of solid materials such as brick, wood, or concrete or metal.

iv.

Prohibited signs: Off-premises signs, portable signs, and temporary signs shall be prohibited within the corridor. Nothing in this section shall be construed to prevent the on-premises display of a for-sale sign not to exceed eight (8) square feet in residential areas and thirty-two (32) square feet in commercial areas.

The following standards shall apply to new construction or expansion of existing buildings by twenty (20) per cent or more:

Required buffers:

Front buffers: As the overlay intends to create a pedestrian-oriented environment, a front buffer will not be required. Improvements not meeting the threshold specified in 5-19 E shall provide a Type A buffer in accordance with Section 6-12 or the applicable overlay district.

ii.

Side and rear buffers:

(a)

(b)

Fences and walls which face adjacent commercial properties or can be seen from the right-of-way. Facades in excess of fifteen (15) feet in length shall be adorned with either vegetative growth (vertical gardens or green walls must remain green throughout the year), decorative elements, or artistic murals, so long as the mural is not a sign or advertisement.

Required screening:

Loading zones: Loading areas shall be oriented so that they are not oriented towards single-family residentially developed properties, or existing and planned future public or private rights-of-way. Loading areas oriented toward adjoining developed properties, or toward adjoining properties eligible for future development shall be entirely screened from view by the use of opaque fencing or appropriate landscaping.

ii.

Parking: Off-street parking areas shall not be located between the structure and Rivers Avenue or University Boulevard.

iii.

Mechanical equipment: Mechanical equipment, whether ground level, raised, or rooftop shall be shielded and screened from public view.

iv.

New drive-thrus shall be out of the viewshed from the public right-of-way; and vehicle queuing and circulation shall not impact the pedestrian realm.

Building materials:

Prohibited materials:

Unadorned masonry units—Unadorned masonry units are not permitted to be visible from existing and planned future public or private rights of way.

Corrugated and/or sheet metals—Corrugated and/or sheet metals, are not allowed for any facade oriented towards a street frontage and in no manner shall such materials be visible from existing and planned future public or private rights-of-way; this shall not prohibit the use of architectural metal cladding to be included into the overall building composition.

Chain link fencing—Chain link fencing is only allowed on property occupied by single-family residential development.

Mesh or tarp—Mesh or tarp is prohibited as a material to use for screening.

Paint and/or similar finish shall not be considered adornment.

Building massing and orientation:

Primary entry. The primary entry must be from Rivers Avenue or University Boulevard or a plaza that fronts on the corridor with display windows on all street facades for retail buildings. Second floor and above, with a separate access point from the main first floor entrance, shall have primary entrance from Rivers Avenue or University Boulevard, when feasible. Buildings, businesses, and residences facing side streets should have entrances onto the facing side street. Secondary entrances from the rear of a store are permitted; however, this area may not be designed to the same scale as the primary entry.

ii.

Front setbacks. New development or improvements to existing development that meet the thresholds stated in section 5-19.E shall be built five (5) feet from the Rivers Avenue or University Boulevard right-of-way to provide an additional space between the building and the right-of-way to provide for future sidewalk width expansion as the built environment transitions. Where there is an existing twelve-foot sidewalk, the front setback may be waived.

Buildings may increase the standard five-foot build-to-line up to one-fifth (⅕) of the proposed building height, up to forty (40) feet (for example: a proposal for a 100-foot tall building could have a setback ranging from five (5) to twenty (20) feet) provided the front area between the right-of-way and building is used as an activity zone for pedestrian activity.

An activity zone shall be considered an open space for pedestrian activities which shall include landscaping, public art, tables, seating, bike racks, or other pedestrian and active amenities.

ii.

Allowable activities in the activity zone are limited to the following:

aa.

Open air streetside dining,

bb.

Outdoor merchandise display that is consistent with the business it is located in front of, and

cc.

Pushcarts.

iii.

iv.

Activities within the activity zone shall not encroach two (2) feet from the right-of-way.

Backage road: A backage road along the corridor will greatly reduce the number of curb cuts on Rivers Avenue and University Boulevard, which will have the effects of enhancing bicycle and pedestrian safety by reducing the number of points of conflict with motorized vehicles, limiting turn movements in and out of the travel lanes on the corridor, improving traffic flow on the corridor, and improving the visual landscape along the corridor.

All new development or improvements to existing development that meet the thresholds stated in section 5-19.E shall provide:

A thirty-foot easement in the location identified on the map entitled "Upper 52-78 Corridor Overlay District Infrastructure, Access Management, and Connectivity Map" if the map shows a proposed backage road that intersects the proposed development parcel.

Payment into a backage road development fund (at a per linear foot rate determined by the city's public works department) or build a portion of the backage road to enable the development of a twenty-two-foot wide road and eight-foot sidewalk to provide rear access to the properties along the Rivers Avenue North corridor.

ii.

The initial easement location for any section of the connectivity plan may be determined during site plan review by the first to redevelop along the corridor in coordination with the city's public works and planning and zoning departments, and future adjacent developments will be required to align the easement across their property with the existing easement on the adjacent property.

iii.

Developments that are fronted on the newly created backage roads or other rights of way located within the Upper 52-78 overlay district shall observe the setback regulations of section 5-19(E)(4)(ii).

Developments with nine (9) or more residential units and direct frontage on University Boulevard or Rivers Avenue shall be required to include street level retail/commercial uses occupying at least fifty (50) per cent of the gross first floor street frontage. Uses open to the public with entrances along the primary street, including but not limited to leasing offices, live/work units, and fitness centers, may count towards the street-level commercial uses.

No blank wall shall be permitted to face the public street, sidewalks, or other public spaces, such as plazas. Canopies, decks, railings, windows, green walls defined by vegetative growth, approved public art murals, and/or other architectural features are to be used. No signs of any form shall satisfy this requirement.

10.

Parking standards:

Where multiple primary uses are proposed for a development, as determined by the zoning administrator, the automobile parking requirements may be reduced by as much as ten (10) per cent.

Shared parking:

ii.

The parcel that has the shared parking spaces must be located within five hundred (500) feet of the parcel on the same side of the street where the user contracting for the parking is located.

iii.

iv.

Parking agreements: Off-street parking requirements may also be satisfied with a parking lease with a structured parking facility provided that:

The parking facility must be on a parcel on the same side of the street and with a boundary within five hundred (500) feet of the parcel where the user with a parking need is located.

ii.

Leased spaces in the parking facility must be clearly marked so that the general public would know not to park in the spaces if they were vacant.

iii.

Leased spaces may not be shared by any other user at any time or contracted to any other entity for times when the lessee will not use the spaces.

iv.

Parking space lease agreements must be for a minimum term of ten (10) years.

11.

Curb cuts: Curb cuts provide necessary access from the street right-of-way, across the pedestrian realm, into the interior of the lot where vehicles can be parked. In congested areas where curb cuts have not been regulated, the street environment is often dangerous and unwelcoming to pedestrians and other non-motorized forms of transportation. The purpose of this section is to maintain the critical vehicular access to properties along the Upper 52-78 overlay district while also limiting those vehicular turning and crossing movements within the activity zone and the pedestrian realm so as to create a safer and more accessible street environment for all users regardless of ability, age, mode of transportation, or otherwise.

Creation of rear alleys for vehicular access through the backage road development fund will lead to the long-term reduction of most curb cuts in the district.

Parcels having less than one hundred (100) feet of street frontage must share a curb cut access with an adjacent parcel. Interconnectivity of the parking areas through cross access easements between the parcels is encouraged. In all instances; connectivity shall supersede buffer requirements and any other circumstances that may conflict with connectivity.

Only parcels that have frontage on more than one (1) right-of-way may have two (2) curb cuts into the property.

Curb cuts shall have a maximum width of thirty-six (36) feet, however a curb cut of greater than twenty (20) feet will have to be justified by a traffic impact analysis report, and all curb cuts shall have clearly defined markings where they intersect the pedestrian realm.

Curb cuts of less than five (5) feet in width shall be permitted as passive solutions for stormwater runoff collection.

Applicability: New construction and expansion of buildings by twenty (20) per cent or more shall be required to meet the minimum overlay requirements.

12.

Utilities: All utilities, including, but not limited to electric utilities, telecommunications, fiber, or cable providers, shall be placed underground. All junction and access boxes shall be screened with sufficient evergreen vegetation so as to obscure them from view. All small wireless facilities shall utilize concealment elements, and disguised as a hardscaped or softscaped amenity, such as benches; flower boxes, or decorative poles when located in the activity zone or in the Rivers Avenue or University Boulevard right-of-way. All utility pad features and meters shall be shown on the site plan and are subject to building setbacks.

13.

Sidewalks: The Upper 52-78 overlay district shall require sidewalks along both sides of all rights of way; individual developments shall only be responsible for installing (or upgrading to the standards of this section) sidewalks adjacent to their parcel(s).

Sidewalks shall be a minimum of twelve (12) feet in width along Rivers Avenue and University Boulevard.

Sidewalks along the intersecting streets to the corridor or newly developed rights of way within the Upper 52-78 overlay district shall be a minimum of eight (8) feet wide.

Clear markings on the sidewalk shall indicate all curb cuts; these markings shall provide both visual and physical cues to the pedestrians.

Walkways a minimum of five (5) feet wide shall connect building entrances to the sidewalks in the public right-of-way.

The private use of public sidewalks is prohibited.

These requirements shall supersede section 18-52 of the subdivision regulations.

Variance and appeals: Variances and appeals shall be handled through the board of zoning appeals as provided within article VII of the zoning ordinance of the City of North Charleston. Where the requirements of this overlay district conflict with the requirements, conditions, or permits of other regulatory agencies, the zoning administrator may (but shall not be required to) administratively permit a reasonable modification without the necessity of a variance being obtained.

(Ord. No. 2021-052, Exh. A, 7-15-2021; Ord. No. 2022-061, Exh. A, 11-22-2022; Ord. No. 2023-053, Exh. A, 10-26-2023)